FARJAND ALI
Mohanlal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. background of conviction under section 19/54 (Para 1 , 2 , 3) |
| 2. arguments concerning sentence reduction (Para 4 , 5) |
| 3. court's analysis on sentence leniency (Para 6 , 7) |
| 4. modification of sentence to time served (Para 8) |
| 5. conclusion of partial allowance of revision petition (Para 9 , 10) |
JUDGMENT :
Farjand Ali, J.
The instant criminal revision petition has been preferred by the petitioner being aggrieved of the judgment dated 23.05.2001 passed by the learned Additional Sessions Judge, Bhinmal in Criminal Appeal No.30/2000, whereby the learned appellate court while affirming the judgment dated 13.09.2000 passed by the learned Judicial Magistrate, First Class, Sanchore, in Criminal Regular Case No.436/1997 convicting the petitioner for the offence under Section 19 /54 of the RAJASTHAN EXCISE ACT , reduced the sentence for the said offence from two years' simple imprisonment to one year's simple imprisonment and maintained the fine amount of Rs.500/- and default sentence of one month's simple imprisonment.
2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that Mr. Satishchandra, Deputy Superintendent of Polic
Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648
The court established that in cases of lengthy trials, the sentence may be adjusted to the time already served, even while upholding the conviction.
The court modified the sentence for possession of illicit liquor to the time already served, emphasizing the right to a speedy trial and considering the petitioner's hardships.
The court affirmed the conviction but modified the sentence of petitioners, recognizing their status as first-time offenders with no criminal antecedents and the prolonged trial duration as mitigatin....
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