JUDGMENT :

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:

“It is, therefore, prayed that the application for suspension of sentence may kindly be accepted and the sentence awarded to the appellants be suspended during the pendency of the appeal and the petitioner be ordered to be released on bail.”

2. The matter pertains to an incident which occurred in the year 1996 and the present appeal has been pending since the year 1999.

3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 03.12.1999, passed by the learned Sessions Judge, Rajsamand in Sessions Case No.106/96, whereby the appellants were convicted for the offences under Sections 147, 336/149 IPC and Section 3(1)(x) SC/ST (Prevention of Atrocities) Act and they were sentenced as under:-

(All sentences will run concurrently)

I. Section 147 I.P.C. -The appellants were sentenced to undergo Six months S.I. and a fine of Rs. 1,000/-in default of which, they were was ordered to further undergo one month imprisonment.

II. Section 336/149 I.P.C. -One month’s S.I.

III. Section 3 (1) (10) of S.C. & S.t. (prevention of Atrocities) Act:-The appellants were sentenced to undergo Six months’ S.I. and fine of Rs. 1,000/-in default of which, they were ordered to further undergo one month’s imprisonment.

3.1 Learned counsel submits that in the special circumstances, where the matters are of extremely old pendency and unless there are aggravating circumstances, the same need not be revisited on merits, and thus, it is a fit case for interference of this Court for passing of an order reducing the sentence awarded to the appellants to the period already undergone by them.

3.2 Learned counsel for the appellants further submits that the sentence so awarded to the appellant was however suspended by this Hon’ble Court, vide order dated 20.12.1999 passed in S.B. Criminal Misc. Petition (suspension of sentence) No.528/99.

3.3. Learned counsel, however, makes a limited submission that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner(s) may be substituted with the period of sentence already undergone by him.

4. Learned Public Prosecutor opposes the same.

5. Heard learned counsel for the parties as well as perused the record of the case.

5.1. This Court is conscious of the judgments rendered in, Alister Anthony Pareira Vs. State of Maharashtra (2012) 2 SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC 678 wherein the Hon’ble Apex Court observed as under:-

Alister Anthony Pareira (Supra)

“There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances.”

Haripada Das (Supra)

“…considering the fact that the respondent had already undergone detention for some period and the case is pending for a pretty long time for which he had suffered both financial hardship and mental agony and also considering the fact that he had been released on bail as far back as on 17-1-1986, we feel that the ends of justice will be met in the facts of the case if the sentence is reduced to the period already undergone…”

5.2. This Court is also conscious of the judgments rendered by this Hon’ble Court in Hakam Singh Vs. State of Rajasthan, (2016) 3 CriLR 1294 and Puran Singh Vs. State of Rajasthan, 2011 1 CriLR 662, pertaining to the Rajasthan Excise Act, wherein it was clearly held that in special conditions, owing to the facts and circumstances of a case, the minimum sentence can be overlooked by the Hon’ble Court for the purpose of passing an order, substituting the senten