Fazal v. State
Case brief
What is this about?
In a criminal revision regarding a conviction under Section 325 IPC pending since 2004, the High Court reduced the petitioner's sentence to the period already undergone, subject to depositing the fine, relying on Supreme Court precedents addressing long-pending trials.
What did the court decide?
Sentence reduced to period already undergone; fine deposit required within 4 months; dismissal upon default.
What the court decided
[2024:RJ-JD:23398]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 594/2004
Fazal S/o Idha Khan, Aged About 65 Years, R/o Bishala, District Barmer.
----Petitioner
Versus
State of Rajasthan
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. M.K. Khatri |
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
22/05/2024
This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred by the petitioner against the judgment dated 24.08.2004 passed by the learned Additional Sessions Judge, Barmer in Criminal Appeal No.16/2003 whereby the judgment dated 14.10.2003 passed by the learned Additional Chief Judicial Magistrate, Barmer in Criminal Original Case No.550/2001 was upheld. The accused petitioner was convicted and sentenced vide judgment dated 14.10.2003 passed by the
Issues for consideration
2 issues framed by the court
Whether the sentence of the convicted petitioner in a protracted trial pending since 2001 should be reduced to the period already undergone.
Whether the petitioner should be directed to deposit the remaining fine within four months to regularize the sentence.
Parties & counsel
- petitioner
Fazal S/o Idha Khan
- respondent
State of Rajasthan
Coram
KULDEEP MATHUR
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CRLR/594/2004
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