Partly allowed

Mohan @ Monu v. State of Rajasthan through Pp

Rajasthan HC7 Oct 2016CRLR/327/2016

Case brief

AI extract

What is this about?

This order grants a criminal revision petition to reduce the sentence of an accused petitioner convicted under Section 379 IPC. The High Court maintains the conviction and penalty but reduces the total imprisonment to the extent already served.

What did the court decide?

The substantive sentence awarded by the trial court was reduced and modified to the extent of the sentence already undergone by the petitioner; the petitioner was ordered released forthwith.

Mohan @ Monu Vs State of Rajasthan through Pp — Criminal Trial and Appeal | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R

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S. B. CRIMINAL REVISION PETITION No.327/2016.

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Mohan @ Monu S/o Shri Prahlad, B/c Jat, R/o Chahpura Kalan, Tehsil Shahpura, District Jaipur.

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Versus

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State of Rajasthan through P. P.

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Date of Order : : 07.10.2016

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HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL

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Mr. Mamraj Jat, for the petitioner. Ms. Meenakshi Pareek, P. P. for the State.

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Heard learned counsel for the parties.

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The accused-petitioner has preferred this criminal revision petition against the judgment and order dated 24.2.2016 passed by the Additional Sessions Judge, Shahpura, District Jaipur in Criminal Appeal No.22/2015 whereby the learned Appellate Court has upheld and affirmed the judgment and order dated 30.6.2015 passed by the Additional Chief Judicial Magistrate, Shahpura in Criminal Case No.301/2015 whereby the accused-petitioner was convicted for the offence under Section 379 IPC and sentenced him to undergo two years simple imprisonment with a fine of Rs.500/- in default thereof to further undergo one month simple imprisonment.

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During the course of the hearing of this petition, learned counsel for

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the petitioner submitted that as the petitioner has already served substantial part of the sentence awarded by the trial Court as upheld and affirmed by the Appellate Court for the offence under Section 379 IPC, he does not want to challenge his conviction for the aforesaid offence, but at the same time it was prayed that looking to the overall facts and circumstances of the case, the sentence awarded by the trial Court for the aforesaid offence may be reduced and modified to the extent of sentence of imprisonment already served/undergone by the petitioner.

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-2-

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On the other hand, learned Public Prosecutor submitted that as the

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judgment and order passed by the trial Court has been upheld and affirmed by the Appellate Court, this Court may exercise its discretion as prayed by the petitioner.

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In view of the submissions made on behalf of the petitioner, the conviction of the petitioner is, hereby, maintained and the revision petition to that extent is dismissed, but so far as the sentence part of the judgment passed by the trial Court as upheld and affirmed by the Appellate Court is concerned, looking to the overall facts and circumstances of the case the prayer made on behalf of the petitioner is accepted. The substantive sentence awarded to the petitioner is reduced and modified to the extent of sentence already undergone by him. So far as the penalty part of the sentence is concerned, the same is maintained. The default sentence is also maintained

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Consequently, the revision petition is partly allowed.

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In view of the order passed in the revision petition, the application

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for suspension of sentence is disposed of.

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In view of the acceptance of the revision petition, it is ordered that the petitioner be released forthwith, if not required in any other case.

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A.Arora/-

Mohan @ Monu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mohan @ Monu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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