Abid Vs State

This criminal revision petition under Sections 397 read with Section 401 of Cr.P.C. has been preferred against the judgement dated 10.02.2006, passed by the learned Additional Sessions Judge, Fast Track No.3, Ajmer Camp Kishangarh (hereinafter referred to as ‘the Appellate Court’) in Criminal Appeal No.44/2005, whereby the learned Appellate Court has dismissed the appeal of the accused-appellant. The learned Judicial Magistrate (First Class) Kishangarh, District Ajmer (hereinafter referred to as ‘the trial court’) in Criminal Case No.126/2002, vide its order dated 27.08.2003 has convicted and sentenced the accused-petitioner as under:-

¶15

[2025:RJ-JP:17245]

¶16

[CRLR-261/2006]

¶17

(2 of 3)

¶18

Under Section 457 of IPC:-

¶19

Three years simple imprisonment alongwith fine of Rs.2000/- and in default of payment of fine, further ordered to undergo one month simple imprisonment.

¶20

Under Section 380 of IPC:-

¶21

Three years simple imprisonment alongwith fine of Rs.2000/- and in default of payment of fine, further ordered to undergo one month simple imprisonment. All sentences shall run concurrently.

¶22

Learned counsel for the petitioner submits that the sentence so awarded to the revisionist-petitioner was suspended by this Court vide order dated 26.05.2006.

¶23

Learned counsel for the revisionist-petitioner, however, makes a limited submission that the petitioner has already remained in custody for a period of 3 months and 22 days, without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him.

¶24

Learned Public Prosecutor opposes the same.

¶25

This Court is conscious of the judgments rendered in Alister Anthony Pareira Vs. State of Maharashtra : (2012) 2 SCC 648 and Haripada Das Vs. State of W.B. : (1998) 9 SCC 678, wherein, the Hon'ble Apex Court observed as under:-

¶26

Alister Anthony Pareira (Supra)

¶27

“There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of

(3 of 3)

[2025:RJ-JP:17245]

[CRLR-261/2006]

the crime, motive for the crime, nature of the offence and all other attendant circumstances.”

¶32

Haripada Das (Supra)

¶33

“…considering the fact that the respondent had already undergone detention for some period and the case is pending for a pretty long time for which he had suffered both financial hardship and mental agony and also considering the fact that he had been released on bail as far back as on 17-1-1986, we feel that the ends of justice will be met in the facts of the case if the sentence is reduced to the period already undergone…”

¶34

In light of the limited prayer made on behalf of the petitioner and keeping in mind the aforementioned precedent laws, the present criminal revision petition is allowed. Accordingly, while maintaining conviction of the petitioner for the offences under Sections 457 and 380 of IPC, the sentence awarded to him is reduced to the period already undergone by him and imposition of fine by the trial court is maintained. The petitioner shall deposit the amount of fine imposed upon him within a period of one month in the trial Court from today. The petitioner is on bail. He needs not to surrender. His bail bonds stand discharged accordingly.

¶35

All pending applications, if any, stand disposed of. Record of the learned court below be sent back forthwith.

¶36

(PRAVEER BHATNAGAR),J

¶37

Ashwani Kr Srivastava /-9

Abid v. State

Case brief

What is this about?

What did the court decide?

Abid v. State

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shoyab S/O Shri Insaf Ali Vs State of Rajasthan

Dhruv Saxena S/O Shri Gunjan Saxena, Vs State of Rajasthan

Salman Mohammed S/O Shri Shahzad Husain Vs State of Rajasthan

Rakesh Kumar D/O Dhanraj Meena, Vs State of Rajasthan

Bunta Ram @ Buta Singh and Ors. Vs State

Mrs. Sarita Sansi W/O Late Shri Kiran Kumar Vs the State of Rajasthan