[2025:RJ-JP:37191]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 803/2007 Akbar Ali S/o Shri Akhtar Ali, R/o Masjid Gali, Dadwada, Kota, District Kota (Rajasthan).

(Presently confined in Jail, Sawaimadhopur)

----Petitioner Versus The State of Rajasthan, through the P.P.

----Respondent For Petitioner(s) : Mr. M.S. Beg/M.I. Beg For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

10/09/2025

1. The matter pertains to an incident which occurred in the year 2004 and the present criminal revision is pending since the year

2007.

2. This criminal revision petition filed under Sections 397 read with Section 401 of Cr.P.C. has been preferred against the judgment dated 27.04.2007, passed by the learned Additional District and Sessions Judge (Fast Track) Sawaimadhopur in Criminal Appeal No.21/06(4/05), whereby the learned Appellate Court has confirmed the sentence and conviction passed by Additional Chief Judicial Magistrate (Railways) Kota Camp Sawai Madhopur in Criminal Case No.733/04. The learned Additional Chief Judicial Magistrate (Fast Track) Gangapurcity in Criminal Case No.733/04, vide its order dated 07.12.2004 has convicted and sentenced the accused-petitioner under Section 379 of IPC for

2 Year of Simple imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo 1 month simple imprisonment. 3. Learned counsel for the petitioner submits that the sentence so awarded to the revisionist-petitioner was suspended by this Court vide its order dated 31.07.2007.

4. Learned counsel for the revisionist-petitioner, however, makes a limited submission that the petitioner has already remained in custody for a period of 04 months and 28 days, without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him.

5. Learned Public Prosecutor opposes the same.

6. 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…”

7. In light of the limited prayer made on behalf of the petitioner and keeping in mind the aforementioned precedent laws, the present criminal revision petition is allowed. Accordingly, while maintaining conviction of the petitioner for the offence under Section 379 of IPC, the sentence awarded to him is reduced to the period already undergone by him and imposition of fine by the Trial Court is maintained. The petitioner is on bail. He need not to surrender. His bail bonds stand discharged accordingly.

8. All pending applications, if any, stand disposed of. Record of the learned court below be sent back forthwith.

(PRAVEER BHATNAGAR),J Keshav/16