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2014 DIGILAW 930 (RAJ)

Surendra Kumar v. State of Rajasthan

2014-04-12

ATUL KUMAR JAIN

body2014
JUDGMENT 1. - Accused petitioner Surendra Kumar Arora was convicted and sentenced in Regular Criminal Case No. 370/93 by Chief Judicial Magistrate, Sriganganagar under Section 471 IPC on 5.8.1997 and his Appeal No. 107/97 was decided by the Sessions Judge, Sriganganagar on 30.6.1998 whereby his conviction and sentence was upheld and accordingly the accused petitioner Surendra Kumar has to suffer one year rigorous imprisonment under Section 471 IPC. 2. It has been argued on behalf of the accused petitioner in this criminal revision petition that he has already suffered one month imprisonment in this case during trial/appeal/revision and so it has been submitted on behalf of the accused petitioner that he wants not to challenge his conviction. His prayer is limited only to the extent of letting him on the ground of undergone sentence. The learned Public Prosecutor has not seriously opposed the prayer of the accused petitioner. 3. In the aforesaid background, I have perused the record of the case and I have heard both sides. A charge against the accused petitioner was that he had been filed in the year 1989 in Secondary School Examination, 1991 which was going to be conducted by the Board of Rajasthan Secondary Education, Ajmer and so for this purpose he had submitted a forged mark-sheet of Secondary School Examination in which he was shown as "pass candidate". It has been submitted by the learned Public Prosecutor that in his examination under Section 313 Cr.P.C. accused had told the courts below that he had received the forged mark-sheet for a consideration of Rs. 500/-. 4. In the circumstances of the case, looking to the fact that the matter is now thirty-three (33) years old, some liberal view may be taken in this matter. In the circumstances of the case, the sentence of accused petitioner Surendra Kumar Arora is hereby reduced to a period of one month only. The revision petition is hereby partly accepted. Record of the courts below be sent back with a copy of this judgment within seven days. Bail bonds of accused petitioner taken on the time of suspension of sentence should also be sent back to the trial court for procuring the attendance of accused petitioner, if need arises. The revision petition is hereby partly accepted. Record of the courts below be sent back with a copy of this judgment within seven days. Bail bonds of accused petitioner taken on the time of suspension of sentence should also be sent back to the trial court for procuring the attendance of accused petitioner, if need arises. If accused has already suffered one months sentence then he need not be taken back in custody but if the period of sentence suffered by him is less than one month then he should be made to suffer the remaining sentence by the trial court as per this judgment. 5. It is hereby clarified that during the pendency of this revision petition, the sentence of accused petitioner was suspended by this Court on 4.7.1998 and was released from jail on 6.7.1998 by the Superintendent District Jail, Sriganganagar in this case. Record of courts below be sent back with a copy of this judgment within three days. *******