HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
FAIM AND ANR. – Appellant
Versus
STATE – Respondent
JUDGMENT :
1. Learned Public Prosecutor submits that the petitioner No.1 – Faim passed away and submitted his death certificate which is hereby taken on record.
2. In these circumstances, the present criminal revision petition in respect of petitioner No.1 – Faim is dismissed as abated.
3. Instant revision petition has been filed by the petitioner challenging the judgment dated 22.01.2007 passed in Cr. Appeal No.62/2005 by learned Additional Sessions Judge No.2, Bhilwara, Camp Shahpura (hereinafter referred to as ‘the appellate court’) by which the appellate court while dismissing the petitioner’s appeal, upheld the judgment dated 05.10.2004 passed in Criminal Case No.1812/2003 by learned Judicial Magistrate (First Class), Jahajpur, Bhilwara (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted and sentenced the present petitioner as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 454 IPC | 3 years’ S.I. | Rs.1,000/- each | 3 months’ S.I. |
| Section 380 IPC | 2 years’ S.I. | Rs.1,000/- each | 3 months’ S.I. |
4. Both the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
5. Brief fa
The court can reduce a sentence to the time already served when considering the circumstances of prolonged trials and the time spent in custody.
The court modified the sentence to the time already served, considering the petitioners' socio-economic status and the lengthy trial process.
The court may reduce a sentence based on the time already served and the mental distress experienced during protracted trials, while maintaining the conviction.
The court may reduce a sentence based on the accused's age, hardship, and the duration of the trial, while maintaining the conviction.
The court upheld the conviction but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
The court upheld the conviction but reduced the sentence based on the petitioner's personal circumstances and time served, emphasizing the need for a just punishment.
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 a sentence to the period already served, considering the time spent in incarceration and the circumstances of the case.
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