Partly allowed

Bhupendra Singh S/O Balveer Singh, by Caste Jat v. State of Rajasthan

Rajasthan HC1 Mar 2019CRLR/19/2019

Case brief

AI extract

What is this about?

In S.B. Criminal Revision No. 19/2019, the High Court of Rajasthan partly allowed the revision petition of two brothers convicted under Sections 498-A and 323 IPC. Although counsel did not press the matter on merits, the Court, considering the delayed trial and custody duration, reduced the sentence to the period already undergone while upholding the conviction.

What did the court decide?

Sentence reduced to the period already undergone by the petitioners. Petitioners directed to deposit fines or suffer imprisonment in lieu.

Bhupendra Singh S/O Balveer Singh, by Caste Jat Vs State of… — Corruption | 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. 19/2019

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Bhupendra Singh S/o Balveer Singh, By Caste Jat, R/o Shastri Nagar Colony, Near Cimcco Waggon Factory, Bharatpur (Raj.) (At Present Confined At Central Jail Bharatpur)

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Sukhveer Singh S/o Balveer Singh, By Caste Jat, R/o Shastri Nagar Colony, Near Cimcco Waggon Factory, Bharatpur (Raj.) (At Present Confined At Central Jail Bharatpur)

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----Petitioners

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Versus

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State Of Rajasthan, through P.P.

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----Respondent

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For Petitioner(s) : Mr. Anurodh Chaturvedi. For State(s) : Mr. Pankaj Agrawal, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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01/03/2019

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Petitioners have preferred this revision petition aggrieved by Judgment and Order dated 28.05.2018 passed by Judicial Magistrate No.1, Bharatpur, whereby petitioners were convicted for offence under Section 498-A and 323 of IPC and against the Judgment and Order dated 18.12.2018 passed by Additional Sessions Judge (Women Atrocities Cases), Bharatpur, whereby appeal preferred by the petitioners was partly allowed, while upholding the Judgment of conviction passed by the Court below. The Appellate Court reduced the sentence from three years to six months for offence under Section 498A of IPC. The sentence for offence under Section 323 of IPC however remained unaltered.

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(2 of 2)

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[CRLR-19/2019]

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Counsel for the petitioners does not press the revision on merits. His contention is that two brothers got married to two sisters in year 2005. FIR was lodged in year 2013. Petitioners have faced the agony of trial for a period of six years and are now in custody for about two and half months. The only prayer made before the Court is to reduce the sentence to the period already undergone by the petitioners.

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Learned Public Prosecutor has opposed the prayer.

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I have considered the contentions.

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Considering the fact that petitioners are not challenging the revision on merits, they have faced the agony of trial for a period of six years and have remained in custody for a period of two and half 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 petitioners. Petitioners 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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Record of the Court below be returned forthwith.

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Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the petitioner/s and an additional copy of this order be also sent to the concerned Court by ordinary process.

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(PANKAJ BHANDARI),J.

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Chandan/3

Bhupendra Singh S/O Balveer Singh, by Caste Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhupendra Singh S/O Balveer Singh, by Caste Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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