Allowed

Kailash Chand @ Kalu Son of Sawantaram v. State of Rajasthan

Rajasthan HC16 Oct 2024CRLR/255/2023

Case brief

AI extract

What is this about?

Further to conviction under sections 379 and 472 IPC, this criminal revision petition orders reduction of default sentences for non-payment of fines. As substantive sentences were already served, the petitioner is released after serving two days' default sentence for each provision.

What did the court decide?

The default sentence of non-payment of fine under sections 379 and 472 IPC is modified to two days for each section; substantive sentence is served. Petitioner is released.

Kailash Chand @ Kalu Son of Sawantaram Vs State of… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:43977]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 255/2023

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Kailash Chand @ Kalu Son Of Sawantaram, Aged About 53 Years, Resident Of Dhani Meena Tan Malarana Police Station Nangal Rajawatan District Dausa (Raj) (At Present Accused / Petitioner Is Confined In District Jail Dausa)

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----Petitioner

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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.	Kirodee Lal Meena
For Respondent(s)	: Mr.	VijaySingh Yadav,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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16/10/2024

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Instant criminal revision petition is preferred by petitioneraccused-Kailash Chand @ Kalu, after dismissal of criminal appeal no.138/2021 (2/2020) by learned Additional Sessions Judge, Sikrai, District Dausa on 19.01.2023 affirming the judgment of conviction and sentence dated 03.12.2019 in criminal case no.67/2014 (267/2005) passed by learned Additional Chief Judicial Magistrate, Sikrai, District Dausa. During course of arguments, learned counsel for petitioner offers to withdraw SOS Application No.62/2023. Hence, same is dismissed as withdrawn.

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Learned Public Prosecutor has submitted custody certificate dated 16.10.2024 and same is taken on record.

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Learned counsel for petitioner submits that he does not prays conviction under Sections 379 and 472 IPC but he prays for reduction in sentence to such an extent that the petitioner be released before Diwali.

[2024:RJ-JP:43977]

[CRLR-255/2023]

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Considered submission of learned counsel for petitioner and learned Public Prosecutor. Perused the record.

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In a matter arising out of FIR No.358/2005 registered at Police Sation Bandikui, District Dausa on 18.06.2005, a chargesheet was filed and petitioner-accused was convicted under Sections 379 and 472 IPC. As per certificate dated 16.10.2024, the petitioner has already served the substantive sentence awarded under Sections 379 and 472 IPC. The petitioner was also sentenced to undergo default sentence of one month each for non-payment of fine under Sections 379 and 472 IPC. Looking to the fact that the petitioner has already served substantive part of the sentence, therefore, it is appropriate to reduce and modify the default sentence in such a manner that petitioner be released accordingly.

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In view of aforesaid, the conviction under Sections 379 and 472 IPC is hereby affirmed. The sentence under Sections 379 and 472 IPC is modified to the extent that for non-payment of fine of ₹1,000/- under Section 379 IPC, the petitioner will undergo sentence of two days and also for non-payment of fine of ₹1,000/under Section 472 IPC, the petitioner will undergo sentence of two days. The substantive sentence has already served in both the provisions and not required to undergo any sentence.

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With aforesaid, the revision petition stands disposed of.

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A copy of this order be sent immediately.

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(ASHOK KUMAR JAIN),J

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Arun/150

Kailash Chand @ Kalu Son of Sawantaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Chand @ Kalu Son of Sawantaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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