Partly allowed

Jaspal @ Dimpal S/O Shri Sardar Makkhan Singh B/C Sikh v. State of Rajasthan through Pp

Rajasthan HC18 Jan 2019CRLR/1318/2018

Case brief

AI extract

What is this about?

In a criminal revision, the High Court allowed a petition to reduce the petitioner's sentence to the period already undergone, acknowledging the prolonged trial duration and lack of criminal antecedents, while upholding the conviction and directing fine payment.

What did the court decide?

Sentence reduced to the period already undergone by the petitioner; fine to be paid or substituted with imprisonment.

Jaspal @ Dimpal S/O Shri Sardar Makkhan Singh B/C… — Execution and Attachment | 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. 1318/2018

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Jaspal @ Dimpal S/o Shri Sardar Makkhan Singh B/c Sikh, R/o 1170, Sakdi Gali, Nataniyon Ka Rasta, Police Station Kotwali, Jaipur. (At Present Confined At Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan through PP, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Mohd. Anees. For Respondent(s) : Mr. R.R. Singh Rathore, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 18/01/2019

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Petitioner has preferred this revision petition aggrieved by Judgment and Order dated 12.02.2009 passed by Judicial Magistrate No.8, Jaipur City, Jaipur, whereby the petitioner has been convicted for offence under Sections 394, 327, 323 and 341 of IPC and has been sentenced to suffer three years rigorous imprisonment and fine of Rs.1500/- for offence under Section 394, rigorous imprisonment of three years and fine of Rs.1000/- for offence under Section 327, rigorous imprisonment of six months and fine of Rs.500/- for offence under Section 323 and rigorous imprisonment of one month and fine of Rs.300/- for offence under Section 341, in default of payment of fine to further undergo two months additional simple imprisonment for each of the sections and against the Judgment and Order dated 01.03.2016 passed by Additional Sessions Judge, Women Atrocities Cases, No.1, Jaipur Metropolitan, Jaipur, whereby appeal preferred by the petitioner was rejected.

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(2 of 2)

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[CRLR-1318/2018]

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It is contended by counsel for the petitioner that petitioner is not challenging the judgment of conviction passed by the courts below. The only prayer made before the Court is that since the matter is of year 2006 and petitioner has faced agony of trial for 13 years. Petitioner has no criminal antecedent after the institution of the present criminal case. Petitioner has remained in custody for a period of one year and seven months. Sentence be reduced to the 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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Taking note of the fact that the matter is of year 2006 and petitioner is not challenging the judgment of conviction. Petitioner has faced the agony of trial for 13 years, Petitioner is not involved in any criminal cases after 2006, as per the report submitted by the learned Public Prosecutor. Petitioner has remained in custody for a period of one year and seven months, 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 courts below. Sentence is reduced to the period already undergone by the petitioner. Petitioner however would be required to deposit the fine as 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/16

Jaspal @ Dimpal S/O Shri Sardar Makkhan Singh B/C Sikh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Jaspal @ Dimpal S/O Shri Sardar Makkhan Singh B/C Sikh 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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