Partly allowed

Rohitash @ Rahul S/O Bane Singh @ Baniya B/C Jat v. State of Rajasthan

Rajasthan HC11 Jan 2019CRLR/1201/2018

Case brief

AI extract

What is this about?

In a S.B. Criminal Revision, the High Court partly allowed the petitioner's prayer to reduce the sentence to the period already undergone. The conviction was upheld, but the total term was commuted to time served, with a direction to deposit fine or undergo additional imprisonment.

What did the court decide?

Sentence reduced to the period already undergone; conviction upheld; petitioner directed to deposit fine or undergo additional imprisonment.

Rohitash @ Rahul S/O Bane Singh @ Baniya B/C Jat Vs… — Cheating and Forgery | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 1201/2018

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Rohitash @ Rahul S/o Bane Singh @ Baniya B/c Jat, R/o Dhimri, Police Station Pahari, Distt. Bharatpur (Raj.) (At Present Confined In Distt. Jail, Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Raj.

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----Respondent For Petitioner(s) : Mr. Girish Khandelwal. For Respondent(s) : Mr. Sudesh Saini, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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11/01/2019

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Petitioner has preferred this revision petition aggrieved by Judgment and Order dated 12.03.2018 passed by Additional Chief Judicial Magistrate, Tijara, District Alwar, whereby petitioner has been convicted for offence under Sections 457 & 380 of IPC and has been directed to suffer three years simple imprisonment and fine of Rs.2,000/-. On non payment of fine, further undergo two months simple imprisonment for offence under Section 457 of IPC and similar sentence and fine for offence under Section 380 of IPC and against the Judgment and Order dated 21.05.2018 passed by Additional Sessions Judge, No.2, Tijara, District Alwar, whereby appeal preferred by the petitioner was rejected.

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It is contended that petitioner has remained in custody for a period of two years and four months, out of total sentence of three years awarded by the court below. Petitioner does not want

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(2 of 2)

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[CRLR-1201/2018]

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to press the revision petition on merits. The only prayer before the Court is to reduce the sentence from three years to period already undergone by the petitioner.

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Learned Public Prosecutor has opposed the revision petition.

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I have considered the contentions.

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In view of the fact that the petitioner is not challenging the Judgment of conviction passed by the courts below and the petitioner has remained in custody for a period of two years and four months and the total sentence awarded by the court below is three years. The amount recovered from the petitioner was six hundred, I deem it proper to partly allow the revision petition.

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The revision petition is partly allowed, while upholding the Judgment of conviction passed by the court below. The period of sentence awarded to the petitioner is reduced to the period already undergone by the petitioner. Petitioner however would be required to deposit the fine imposed by the court below or suffer imprisonment in lieu of non deposit of fine.

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Application for Suspension of Sentence stands disposed.

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(PANKAJ BHANDARI),J

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Chandan/25

Rohitash @ Rahul S/O Bane Singh @ Baniya B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rohitash @ Rahul S/O Bane Singh @ Baniya B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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