Rajasthan High Court - Jaipur
Mahipal And Anr vs State Of Rajasthan Through Pp on 18 December, 2013
S.B. Criminal Appeal No.895/2013 S.B. Criminal Misc. Bail Application No.1165/2013 (Mahipal & Anr. Versus State of Rajasthan) S.B. Criminal Appeal No.865/2013 S.B. Criminal Misc. Bail Application No.1131/2013 (Baluram @ Balaram Versus State of Rajasthan) S.B. Criminal Appeal No.896/2013 S.B. Criminal Misc. Bail Application No.1166/2013 (Jagdish Jain Versus State of Rajasthan) Date of Judgment :: 18th December, 2013 HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.Onkar Singh Lakahawat) counsel for the appellants Mr. Anil Upman ) Mr. Sudhir Jain ) Mr. Peeyush Kumar, PP for the State Since all the aforesaid three criminal appeals have been filed against the common judgment dated 26.11.2013 passed by Special Judge, (Fake Currency) & Additional District and Sessions Judge, Jaipur Metropolitan, Jaipur in Sessions Case No. 20/2011, whereby the appellants have been convicted for the offence under Section 489C IPC and sentenced to undergo 3 years' RI with fine of Rs. 20,000/-; in default of payment of fine, to further undergo 3 months' SI, hence the arguments have been heard together and they are being decided by this common judgment. Without going into the merits of the case, learned counsel for the appellants have requested to this Court that they are not challenging the conviction part of the judgment of the court below. They are only requesting to this Court that the appellants have remained in confinement for more than 2 years' and 9 months approximately and since it is the first offence of their life, they should be released for the period already undergone by them in confinement, as indicated above. They have further requested to this Court that the fine of Rs. 20,000/- imposed upon the appellants should be reduced from Rs. 20,000/- to Rs. 2,000/- and in default of payment of aforesaid fine of Rs. 2000/-, their sentence should be reduced from 3 months' to 15 days' SI. Learned PP has opposed the same.
Looking to the facts and circumstances of the case, all the aforesaid three appeals are disposed of with the following directions:
i) The conviction of the accused appellants, as ordered by the court below, is maintained;
ii) The sentence of the accused appellants is reduced from 3 years to the period already undergone by them in confinement, as indicated above;
iii) Fine of Rs. 20,000/- imposed upon the appellants is also reduced from Rs. 20,000/- to Rs. 2000/-; and in default of payment of fine, their further sentence is also reduced from 3 months to 15 days' SI
iv) Rest of the terms under the impugned judgment shall remain unchanged.
The impugned judgment passed by the court below is modified as indicated here-in-above. Stay applications also stand disposed of accordingly.
Registry is directed to place a copy of this judgment in the connected files.
(Mahesh Chandra Sharma)J. DK All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal P