Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Aziz Mohd. – Appellant
Versus
State – Respondent
Order :
MANOJ KUMAR GARG, J
1. Instant revision petition has been filed by the petitioner against the judgment dated 12.04.2007 passed in Cr. Appeal No.31/2005 by learned Additional Sessions Judge No.2, Bhilwara Camp Shahpura, by which the appellate court dismissed the petitioner’s appeal and upheld the judgment dated 27.08.2002 passed in Regular Cr. Case No.213/1985 by learned Additional Chief Judicial Magistrate Shahpura, District Bhilwara, by which the learned trial court convicted and sentenced the petitioner as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Sec.408 IPC | 3 years S.I. | Rs.500/- . | 10 days’ S.I |
| Sec. 477-A IPC | 3 years S.I. | Rs.500/- | 10 days’ S.I. |
Both the sentences were ordered to run concurrently.
2. Brief facts of the case are that the complainant Suganchand, Administrator, Gram Seva Shahkari Samiti Limited, Shahpura lodged a report at Police Station Shahpura to the effect that the petitioner committed embezzlement of amount while holding the post of Manager at Gram Sewa Sahkari Samiti Ltd. Shahpura. On the said report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the petitioner in the Court concerned.
3. Thereafter, the t
The court can reduce a sentence based on the time already served, considering the circumstances surrounding the case.
The court can reduce a sentence based on the time already served, especially in cases of prolonged trials, while maintaining the conviction.
The court has the discretion to consider the time already spent by the accused-petitioner in incarceration and trial when deciding on the reduction of the sentence for the offences.
The court may reduce a sentence based on the time already served and the overall circumstances of the case, while maintaining the conviction.
The court established that while convictions can be upheld, sentences may be adjusted based on the duration of pre-sentence custody and the circumstances surrounding the trial.
The court may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
The main legal point established in the judgment is the court's discretion to reduce the sentence to the period already undergone by the petitioners while maintaining the amount of fine, considering ....
The court may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court may reduce a sentence to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
The court has the discretion to consider the time already served and the circumstances of the case in deciding the appropriate sentence for an offence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
