Rajasthan High Court - Jodhpur
Attar Singh vs State (2025:Rj-Jd:33730) on 30 July, 2025
[2025:RJ-JD:33730]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 696/2007
Attar Singh S/o Jagmal Singh, Resident of Hasanpur, Police
Station Jaffarpur Kalla, New Delhi.
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. DS Udawat.
For Respondent(s) : Mr. Hanuman Prajapati, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order 30/07/2025
1. This criminal revision petition under Section 397 read with Section 401 of Cr.P.C. has been preferred by the petitioner against the judgment dated 19.07.2007 passed by learned Additional Sessions Judge (Fast Track) No.1, District Pali (hereinafter to be referred as 'the appellate court') in Criminal Appeal No.24/2005, whereby the said appeal was dismissed and judgment dated 11.01.2005 passed by the learned Judicial Magistrate First Class, Jaitaran, District Pali (hereinafter to be referred as 'the trial court') in Criminal Original Case No.55/2001 was upheld. 1.1. The accused petitioner was convicted and sentenced vide judgment dated 11.01.2005 passed by the learned trial court as below :-
Conviction for Sentence Fine In default of the offences Awarded Amount payment of fine under Sections further undergo 407 of IPC 2 Years' Simple Rs.2,000/- Six months' Imprisonment Simple (Downloaded on 04/08/2025 at 09:31:52 PM) [2025:RJ-JD:33730] (2 of 5) [CRLR-696/2007] Imprisonment
2. Briefly stated the facts of the present case are that on 15.05.2000 - complainant (Bhagwan Das) submitted a written report at Police Station Anandpur Kalu alleging that he is a transporter operating under Shivam Roadlines through Ambuja Cement Rajasthan Limited, Rabdiyawas. It was stated that on 16.02.2000, 500 cement bags (25 tons) worth approximately Rs.55,000/- were loaded in Truck No. HR-45-2969 through Krishna Freight Carrier, Beawar, by way of GR No. 69. The said truck was driven by the petitioner. It was alleged that the consignment was not delivered to the destination, and the petitioner committed criminal breach of trust.
2.1. Based on the report, FIR No. 51/2000 was registered at Police Station Anandpur Kalu, District Pal under Sections 407 and 420 IPC. After investigation, a charge sheet was filed against the petitioner for the offence under Section 407 IPC. Learned Magistrate framed charges accordingly. The prosecution examined seven witnesses and produced documentary evidence. The petitioner was examined under Section 313 Cr.P.C., and one witness was examined in defence.
2.2. After hearing final arguments, the learned trial court convicted the petitioner vide Judgment dated 11.01.2005 under Section 407 of IPC. The petitioner preferred an appeal, which was dismissed by the learned Additional Sessions Judge (Fast Track) No. 1, Pali, Jaitaran, District Pali, vide Judgment dated (Downloaded on 04/08/2025 at 09:31:52 PM) [2025:RJ-JD:33730] (3 of 5) [CRLR-696/2007] 19.07.2007, thereby affirming the conviction. Hence, this revision petition.
3. Learned counsel for the petitioner has submitted that the sentences so awarded to the petitioner were suspended by a Coordinate Bench of this Court vide order dated 08.08.2007 passed in S.B. Criminal Misc. Application for Suspension of Sentences No.182/2007.
3.1. Learned counsel for the petitioner has further submitted that the petitioner has undergone detention for some period and the case is pending against them since 2007. Learned counsel for the petitioner has also submitted that the petitioner is facing agony of a long protracted trial and, therefore, without making any interference on merits/conviction, the sentences awarded to the present petitioner may be substituted with the period of sentences already undergone by him.
4. Per contra, learned Public Prosecutor has opposed the submissions made on behalf of the petitioner. However, he was not in a position to dispute the fact that the present revision petition is pending since 2007.
5. Heard learned counsel for the parties and perused the material available on record.
6. A perusal of the impugned judgments makes is manifest that the alleged incident happened in the year 2000 and the present revision petition is pending adjudication since 2007. 6.1. Hon'ble the Supreme Court of India in the cases of Alister Anthony Pareira Vs. State of Maharashtra : (2012)2 SCC (Downloaded on 04/08/2025 at 09:31:52 PM) [2025:RJ-JD:33730] (4 of 5) [CRLR-696/2007] 648 and Haripada Das Vs. State of W.B. : (1998)9 SCC 678, pleased to observe as under :
Alister Anthony Pareira (supra) :
"84. ... ... ... 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 the crime, motive for the crime, nature of the offence and all other attendant circumstances."
Haripada Das (supra) :
"4.... ... ... 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..."
6.2. In the light of aforesaid discussion, precedent law and keeping in view the limited prayer made on behalf of the petitioner, the present revision petition is partly allowed. 6.3. Accordingly, while maintaining the conviction of the petitioner for the offences under Section 407 of IPC, the sentences awarded to him are hereby reduced to the period already undergone by him. The petitioner is on bail. He need not surrender. His bail bonds stand discharged accordingly. 6.4. All pending applications are disposed of.
7. Record of the case be sent back to the learned court below forthwith.
(MUKESH RAJPUROHIT),J 7-/Jitender//-
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