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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA, J
Shabir Hussain – Appellant
Versus
State – Respondent
Order :
1. The present criminal revision petition has been filed by the accused- petitioner under Section 397 read with Section 401 of CrPC assailing the judgment of conviction and sentence dated 07.10.2004 passed by the Court of Additional Chief Judicial Magistrate, Baran (for short ‘the trial Court’) in Criminal Case No.21/2004, whereby the trial Court convicted the accused- petitioner for the offences punishable u/S 3/25 Arms Act and sentenced him to undergo one years’ simple imprisonment and a fine of Rs.500/-. The petitioner had further challenged the aforesaid order/judgment dated 07.10.2004 passed by the trial Court by filing a Criminal Appeal bearing No.21/2004 before the Court of Additional District & Sessions Judge, Baran (for short ‘the Appellate Court’), whereby the learned Court vide order dated 04.08.2005 had dismissed the appeal filed by the accused petitioner and affirmed the order passed by the trial Court.
2. Learned counsel for the revisionist- petitioner submits that the sentence, so awarded to the revisionist-petitioner, was suspended by the Court vide its order dated 30.11.2005. The counsel, instead of challenging the order of conviction and sentence on merits,
The court may reduce the minimum sentence under the Arms Act for adequate reasons, considering the offender's age and rehabilitation potential.
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the right to a speedy trial and the hardships faced by the petitioner.
The court can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court may reduce a sentence to the time already served based on the principles of restorative justice and the lengthy pendency of the case.
The court may reduce the sentence to time already served, considering the long pendency of the case and principles of restorative justice.
The court can reduce sentences for offenses under the Arms Act when a prolonged trial has occurred and the accused have already served part of their sentence.
The court may reduce a sentence to the period already served based on restorative justice principles and the protracted nature of the case.
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