Rajasthan High Court - Jodhpur
Jitendra @ Gogala vs State Of Rajasthan on 15 July, 2019
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Misc(Pet.) No. 4252/2018
Jitendra @ Gogala
----Petitioner
Versus
State Of Rajasthan
----Respondent
S.B. Criminal Misc(Pet.) No. 1549/2018
Raju Chamar @ Raju
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Ms. Laxmi Ramawat
For Respondent(s) : Ms. Rajlaxmi Singh, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 15/07/2019 The petitioners herein have been convicted in six cases by the trial court, the details whereof are being enumerated in the separate schedules as below:-
Accused-petitioner Jitendra @ Gogala S No. Case No. Court Date of Sentence Appeal Decision
1. 924/2012 ACJM No.3, 1.8.13 Sections 457, Session Judge, Bikaner 380 of IPC: 5 Bikaner, years SI Appeal No. Penalty 148/13 Rs. 2000/-, in Decision default of 18.12.13, payment of Sentenced for fine, six 4 years SI months and the (Downloaded on 31/08/2019 at 12:31:34 AM) (2 of 7) [CRLMP-4252/2018] additional SI remaining sentences were maintained
2. 926/12 ACJM No. 3, 3.12.13 Sections 457 & Session Judge, Bikaner 380 IPC: 5 Bikaner Appeal years SI, No. 2/14 Penalty Decision Rs.3000/-, in 19.06.14, default of Sentenced for payment of 4 years SI and fine, six the remaining months sentences additional SI were maintained 3 927/12 ACJM No. 3, 15.2.14 Section 457 Bikaner IPC: 4 years SI, Penalty Rs.3000/,- in default of payment of fine six months additional SI Section 380 IPC: 4 years SI, Penalty Rs.5000/,- in default of payment of fine six months additional SI 4 990/12 ACJM No. 3, 20.3.14 Section 401 Addl. Session Bikaner IPC: 3 years Judge, No. 3 RI, Penalty Bikaner Appeal Rs.2000/,- in No.17/16 default of Decision payment of 25.04.16 fine six Sentenced for months 3 years 9 additional RI months RI Section 457:
3 years RI Penalty Rs.5000/,- in default of payment of fine six months additional RI (Downloaded on 31/08/2019 at 12:31:34 AM) (3 of 7) [CRLMP-4252/2018] Section 380: 5 years RI Penalty Rs.5000/,- in default of payment of fine six months additional RI 5 991/12 ACJM No. 3, 5.9.14 Section 457 & Addl. Session Bikaner 380 IPC : 5 Judge, No. 3 years RI Bikaner, Penalty Appeal No. Rs.5000/,- in 19/16 Decision default of 5.5.16, payment of Sentenced for fine six 3 years 9 months months RI additional RI 6 967/2012 ACJM No.3 06.02.2014 Section 401 - Bikaner IPC: 3 years RI Penalty Rs.1000/,- in default of payment of fine six months additional RI Section 457 IPC: 3 years RI Penalty Rs.5000/,- in default of payment of fine six months additional RI Section 380 IPC: 3 years RI Penalty Rs.3000/,- in default of payment of fine six months additional RI (Downloaded on 31/08/2019 at 12:31:34 AM) (4 of 7) [CRLMP-4252/2018] Accused-petitioner Raju Chamar S No. Case No. Court Date of Sentence Appeal Decision
1. 924/2012 ACJM No. 3, 1.8.13 Sections 457 & Session Judge, Bikaner 380 of IPC: 5 Bikaner, years SI Appeal No. Penalty 148/13 Rs. 2000/-, in Decision default of 18.12.13, payment of Sentenced for fine, six 4 years SI months and the additional SI remaining sentences were maintained
2. 926/12 ACJM No. 3, 3.12.13 Sections 457 & Session Judge, Bikaner 380 of IPC: 5 Bikaner Appeal years SI, No. 2/14 Penalty Decision Rs.3000/-, in 19.06.14, default of Sentenced for payment of 4 years SI and fine, six the remaining months sentences additional SI were maintained 3 927/12 ACJM No. 3, 15.2.14 Section 457 Bikaner IPC: 4 years SI, Penalty Rs.3000/,- in default of payment of fine six months additional SI Section 380 IPC: 4 years SI, Penalty Rs.5000/,- in default of payment of fine six months additional SI 4 990/12 ACJM No. 3, 20.3.14 Section 401 Addl. Session Bikaner IPC: 3 years Judge, No. 3 RI, Penalty Bikaner Appeal Rs.2000/,- in No.17/16 default of Decision (Downloaded on 31/08/2019 at 12:31:34 AM) (5 of 7) [CRLMP-4252/2018] payment of 25.04.16 fine six Sentenced for months RI 3 years 9 months RI Section 457 IPC: 3 years RI, Penalty Rs.5000/,- in default of payment of fine six months additional RI Section 380: 5 years RI Penalty Rs.5000/,- in default of payment of fine six months additional RI 5 991/12 ACJM No. 3, 5.9.14 Section 457 & Addl. Session Bikaner 380 IPC : 5 Judge, No. 3 years RI Bikaner, Penalty Appeal No. Rs.5000/,- in 19/16 Decision default of 5.5.16, payment of Sentenced for fine six 3 years 9 months months RI additional RI
6. 297-A/12 ACJM No.4 04.02.15 Section 457 Bikaner IPC: 5 years RI, Penalty Rs.5000/,- in default of payment of fine six months additional RI Section 380: 5 years SI, Penalty Rs.3000/,- in default of payment of fine four months additional SI (Downloaded on 31/08/2019 at 12:31:34 AM) (6 of 7) [CRLMP-4252/2018] The petitioners have filed these two misc. petitions seeking a direction that the sentences awarded to them in different cases may be ordered to run concurrently. Two co-convicts of the petitioner i.e., Anil @ Leelu & Anup Khati @ Kaliya who too were convicted in almost the same manner as the petitioners herein, filed S.B. Criminal Misc. Petition No.3340/2017 (Anil @ Leelu vs State of Rajasthan) decided on 05.05.2018 and S.B. Criminal Misc.
Petitions Nos.2379/2017, 2380/2017, 2381/2017 and 1369/2018 (Anup Khati @ Kaliya vs State of Rajasthan) decided on 05.05.2018 with the same prayer which has been acceded to by the above orders.
On going through the judgment dated 18.12.2013 passed by learned Sessions Judge, Bikaner in Criminal Appeal No.148/2013, whereby one of the appeals filed by the petitioners was rejected, it is apparent that they are in custody since 18.12.2013. Thus, the petitioners have served sentence well in excess of five years.
In this background and, considering the orders passed by the co-ordinate Benches of this Court while deciding the misc. petitions/revision petition filed on behalf of co-convicts Anup Khati @ Kaliya and Anil @ Leelu, the petitioners herein too deserve the same indulgence.
In the circumstances narrated above, these two misc. petitions are allowed and it is directed that the substantive sentences awarded to each petitioner in the cases enumerated in the schedule above, shall run concurrently. However, the sentences of fine awarded to the petitioners for each conviction and sentences in default inflicted on them in lieu of the non-payment of fine are maintained. In case, the petitioners fail (Downloaded on 31/08/2019 at 12:31:34 AM) (7 of 7) [CRLMP-4252/2018] to pay the amount of fine, the sentences in default of payment of fine shall run consecutively. In case, the accused petitioners deposit the fine, they will not be required to undergo the same.
The misc. petitions are allowed in these terms.
(SANDEEP MEHTA),J Sudhir Asopa/-
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