In this S.B. Criminal Revision Petition, the High Court reduced the petitioner's sentence for theft to the period already undergone and waived the fine, ordering his immediate release as he was already in custody.
Sentence reduced to period undergone; fine waived; petitioner to be released forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:15837]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 98/2024
Suresh Kumar S/o Ghewarchand, Aged About 54 Years, R/o Balwara, Police Station Sayla, Tehsil Jalore, District Jalore. (At Present Lodged In Central Jail, Jodhpur.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Venkat Poonia For Respondent(s) : Mr. Aneesh Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment
09/04/2024
Instant revision petition has been filed by the petitioner challenging the judgment dated 21.10.2023 passed in Cr. Appeal No.25/2023 (CIS No.26/2023) by learned Sessions Judge, Jalore, District Jalore by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 23.12.2022, passed by learned Judicial Magistrate, Jalore, District Jalore, in Cr. Original Case No.246/2021 (CIS No.1999/2021) by which the learned trial court convicted and sentenced the petitioner as under :
| S.No. | Offence | Sentence | Fine | Sentence in |
|---|---|---|---|---|
| default of fine | ||||
| 1. | 457 IPC | 3years SI | Rs.1,000/- | 1 month SI |
| 2. | 380 IPC | 3years sI | Rs.1,000/- | 1 month SI |
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 18.07.2021, complainant Paras Bharti submitted a written report before the Police Station Sayla, Jalore to the effect that in the intervening night of 17.07.2021, some unknown persons committed theft in the
[2024:RJ-JD:15837]
[CRLR-98/2024]
(2 of 3)
temple and stole some silver articles and money. On this report, Police registered a case against unknown persons for offence under Sections 457, 380 IPC and started investigation. During investigation, the petitioner was arrested by the Police.
After completion of investigation, the police filed challan against the present petitioner. Thereafter, the trial court framed charges against the accused petitioner for offences under Sections 457, 380 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many as nine witnesses in support of its case and exhibited some documents. Thereafter, statement of the accused petitioner was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide impugned judgment dated 23.12.2022 convicted and sentenced the accused-petitioner for aforesaid offence.
Being aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dated 21.10.2023. Hence, this revision petition.
At the threshold, learned counsel for the accused-petitioner submits that he does not challenge the finding of conviction but since the occurrence is related to the year 2021 and out of total sentence of three years’ S.I., the accused petitioner has already served two years and five months of imprisonment, therefore, it is prayed that the sentence awarded to petitioner for the aforesaid offences may be reduced to the period already undergone by him.
On the other hand, learned Public Prosecutor opposed the submissions made by the learned counsel for the accused-
[2024:RJ-JD:15837]
[CRLR-98/2024]
(3 of 3)
petitioner and submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.
I have perused the evidence of the prosecution as well as defence and the judgment passed by the courts below regarding conviction of the accused-petitioner.
Undisputedly, the incident relates back to the year 2021 and the petitioner has so far undergone a period of two years and five months in custody, out of total sentence of three years, so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the petitioner has remained behind the bars for a considerable time, it will be just and proper, if the sentence awarded by the trial court for offence under Sections 457 & 380 IPC and affirmed by the appellate court is reduced to the period already undergone.
Accordingly, the revision petition is partly allowed. While maintaining the petitioner’s conviction and sentence for offence under Sections 457 & 380 IPC, the sentence awarded to him for the aforesaid offences is hereby reduced to the period already undergone. The amount of fine is also hereby waived. The petitioner is in jail. He may be released forthwith if not required in any other case.
Application for suspension of sentence is also decided.
The records of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
13-MS/-
3 issues framed by the court
Whether the sentence awarded to the petitioner should be reduced to the period already undergone given the length of imprisonment served and mental agony caused.
Whether the fine imposed in the conviction should be waived.
Whether the petitioner, being already in jail, should be released forthwith.
Suresh Kumar
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
