Sujan Singh v. State
Case brief
What is this about?
The High Court partly allowed a criminal revision petition. It maintained the conviction for theft but reduced the sentence to the period already served in custody. The sentence was subsequently suspended with bail bonds cancelled.
What did the court decide?
Sentence reduced to period already undergone; sentence suspended; petitioner on bail; bail bonds cancelled.
What the court decided
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
J U D G M E N T
S.B.CRIMINAL REVISION PET. NO. 131/2009 (Sujan Singh Vs. State)
DATE OF JUDGMENT ::::: 17/08/2015
HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Mr.Pranay Jhala for Mr.Dhiraj Singh Jhala, for the petitioner.
Mr.Pankaj Sisodia, Public Prosecutor for State.
This revision petition has been filed against the impugned judgment & order dated 7.1.2009 passed by learned Addl. Sessions Judge, Jhalawar in cr. Appeal no. 25/2006 filed by petitioner against the order dated 15.6.2006 passed by Addl. Chief Judl. Magistrate, Jhalawar in cr. Case no.515/2005 whereby appellate court has partly allowed the appeal and confirmed the conviction under Sec.411 IPC and reduced the sentenced as one year RI in place of 03 years RI and fine of Rs.1000/- in default of payment of fine to further undergo one month in addition simple imprisonment.
Briefly stated facts of the case are that an FIR
No.198/05 for the offences under Sec.379 and 411 IPC was registered at P.S. Bakani. After usual investigation, police filed charge-sheet before the concerned court/Magistrate under Sec.379 and 411 IPC who lateron framed the charges, to which the petitioner denied and claimed to be tried. The prosecution examined as many as 08 witnesses and got exhibited certain documents. Statement of the petitioner under Sec. 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has acquitted the petitioner under Sec.379 IPC but convicted and sentenced under Sec.411 IPC vide judgment dated 15.6.2006.
Issues for consideration
2 issues framed by the court
Whether the sentence awarded should be reduced for the period already undergone in custody.
Whether the petitioner deserves release on probation or suspension of sentence.
Parties & counsel
- petitioner
Sujan Singh
- respondent
State
Coram
Mahesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CRLR/131/2009
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