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1995 DIGILAW 62 (RAJ)

Baliya S/o Shri Samiya v. State of Rajasthan

1995-01-18

RAJENDRA SAXENA

body1995
JUDGMENT 1. - Notice was given to the P.P., who has accepted the same. 2. Heard. This revision petition has been preferred against the judgment dated 11.1.95 passed by the learned Sessions Judge, Jaisalmer in Cr. Appeal No. 18 of 1994, whereby he dismissed the appeal filed by the petitioner and upheld his conviction under R. 3/6, Passport (Entry into India) Rules, 1950 as also the sentence of one month's simple imprisonment and a fine of Rs. two thousand imposed by the learned Civil Judge (Sr. Div.)-cum-C.J.M., Jaisalmer. 3. Mr. Khatri has not challenged the conviction of the petitioner. His only contention is that the petitioner has already deposited the fine of Rs. two thousand and has remained in custody for a period of fifteen days and as such, his substantive sentence be reduced to the period already undergone by him. 4. The learned Public Prosecutor has opposed this on the ground that the matter relates to anti-national activities. 5. The petitioner was apprehended by the police party on 7.9.89 near border pillar No. 749/2 and 749/3 of Indo Pak Border but no contraband article was recovered from him. The petitioner is facing trial since the year 1989. During trial, the petitioner absented himself and, as such, he was also put under detention. The petitioner has undergone mental agony and financial stress for last five years in facing the trial. Therefore, keeping in view all the facts & circumstances of the case, I feel that ends of justice will meet if the petitioner's substantive sentence is reduced from one month's S.I. to the period already under gone by him. 6. In the result, this revision is partly allowed and while maintaining petitioner's conviction under R. 3/6 of the aforesaid Rules of 1950 as also the fine of Rs. two thousand, which the petitioner has already deposited his substantive sentence is reduced from one month's S.I. to the period already undergone by him. The petitioner is at present lodged in Sub Jail Jaisalmer. The petitioner be released forthwith if he is not required in any other case. The Incharge, Sub-Jail, Jaisalmer be informed accordingly.Revision allowed. *******