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2011 DIGILAW 1683 (RAJ)

Sumer Singh v. State of Rajasthan

2011-08-11

MEENA V.GOMBER

body2011
JUDGMENT 1. - Aggrieved by the order of Additional Sessions Judge, Behror, (Alwar) passed in Criminal Appeal No. 28/2002 on 5.6.2002, upholding the order of conviction and sentence of the accused-petitioner, passed by Judicial Magistrate, Behror, in Criminal Case No. 111/2000, for offence tinder Sections 457 and 380 I.P.C., this revision petition has been filed. 2. Heard the parties. 3. Learned Counsel for the accused-petitioner, without going into the merits of the case, prayed for mercy, stating that this the first offences of the accused and there has not been any previous conviction and there has not been any previous conviction and that he has already suffered incarceration for a period of 1 year, 3 months and 5 days. 4. Learned Public Prosecutor concedes that there is nothing on record to shown any previous conviction of the accused. The record and nominal roll shows that the petitioner was arrested on 4.10.2000 and was bailed out on 17.11.2000. Thereafter he jumped the bail on 7.9.2001 and again surrendered on 15.10.2001. He was conceived on 1.3.2002 and his appeal was dismissed on 5.6.2002. Thereafter the sentence was suspended by this Court. 5. In these circumstances, the accused-petitioner has been behind the bars for 1 year 3 months and 5 days. The incident pertains to the year 2000. In all the facts and circumstances of the case, I deem it proper to accede to the prayer made by the learned counsel for the petitioner. 6. Accordingly. while upholding the conviction of the accused for offence under Sections 457, 380 I.P.C., I partially allow this revision petition and make a modification with regard to the sentence awarded by the trial Court and upheld by Appellate Court. 7. So far as the sentence of imprisonment in Concerned, it is reduced from three years for each offences to run concurrently, to already undergone i.e. 1 year 3 months and 5 days. However, the sentence of fine imposed for the two offences being Rs. 100/- each, is not disturbed. 8. The accused-petitioner is directed to deposit the fine of Rs. 2000/- before the trial Court within two months from today, failing which he will have to undergo the sentence of one month, as indicated in trial Court's order. 9. This revision petition stands disposed. The stay application also stands disposed.Record of the Trial Court be returned forthwith.Revision partly allowed. *******