Sarfu v. State
Case brief
What is this about?
In a revision under Section 397 Cr.P.C., the High Court allowed the request to substitute the awarded sentence with the period already undergone, maintained the conviction under Section 498A IPC, and discharged bail bonds due to a two-decade pendency delay.
What did the court decide?
Sentence reduced to the period already undergone; conviction under Section 498A IPC maintained; bail bonds discharged; petitioner not required to surrender.
What the court decided
[2024:RJ-JP:6745]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 918/2004
Sarfu S/o Ranmal, R/o Sahdoli P.S. M.I.A. Alwar
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Yashwant Kankhadia, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment
Reserved on :: 07.02.2024 Pronounced on :: 15 Feb. 2024
- This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 22.09.2004 passed by the Court of learned Special Judge, SC/ST (P.O.A.), Alwar (Rajasthan), in Criminal Appeal No.80/2004, whereby the appeal filed by the petitioner against the order dated 26.03.2003 passed by the Court of learned Judicial Magistrate, No.2, Alwar (Rajasthan), in Regular Criminal Case No.510/1998, was partly allowed and sentenced him to undergo six months R.I. with fine of Rs.500/- and in default of payment of fine further one month R.I.
Issues for consideration
3 issues framed by the court
Whether the sentence awarded to the convicted petitioner may be modified to substitute the period already undergone without interference on merits.
Whether the bail bonds of the petitioner should be discharged upon reduction of sentence to the period undergone.
Whether a criminal revision petition under Section 397 Cr.P.C. for sentence substitution should be allowed in view of the pendency delay.
Parties & counsel
- petitioner
Sarfu S/o Ranmal
- respondent
State of Rajasthan
Coram
Vinod Kumar Bharwani
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CRLR/918/2004
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