Kailash Chand vs State Of Rajasthan Through P P on 11 September, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Revision No. 1061 / 2017
Kailash Chand S/o Shri Surjaram B/c Jat, R/o Sundariyawas, Police
Station Kalwad, Distt. Jaipur (raj.) (at Present in Central Jail,
Jaipur)
—-Petitioner
Versus
State of Rajasthan Through PP
—-Respondent

__
For Petitioner(s) : Mr. Rajesh Sharma
For Respondent(s) : Mr. R.R. Gurjar-P.P.
__
HON’BLE MRS. JUSTICE SABINA
Order
11/09/2017

Petitioner had faced trial under Section 406, 420 and 120-B

Indian Penal Code, 1860 (hereinafter referred as ‘IPC’) alongwith

his co-accused .

Trial Court ordered the conviction and sentence of the

petitioner under Section 420, 406 IPC vide judgment/order dated

15.06.2016. Other co-accused were acquitted of the charges

framed against them. Appeal filed by the petitioner was disposed

of by the Appellate Court vide order dated 28.03.2017. Appellant

was acquitted qua offence under Section 406 IPC and his

conviction and sentence under Section 420 IPC was maintained.

Hence, the present petition.

Learned counsel for the petitioner has not challenged the

conviction of the petitioner under Section 420 IPC but has

submitted that the sentence qua imprisonment of the petitioner be
(2 of 2)
[CRLR-1061/2017]

reduced to the period already undergone by him. Petitioner has

already undergone more than eight months of actual sentence.

Petitioner shall deposit the entire compensation awarded by the

trial Court before the trial Court. Learned counsel has submitted

that out of the compensation of Rs. 1,00,000/-, petitioner has

already deposit Rs. 20,000/- with the trial Court in pursuance to

the order passed by the Appellate Court.

Learned State Counsel on the other hand has opposed the

petition.

Keeping in view the facts and circumstances of the case, it

would be just and expedient to reduce the sentence qua

imprisonment of the petitioner to the period already undergone by

him.

Accordingly, conviction of the petitioner under Section 420

IPC is maintained. However, sentence qua imprisonment of the

petitioner is reduced to the period already undergone by him.

Petitioner who is in custody be set at liberty forthwith if not

required in any other criminal case subject to his depositing the

balance amount of compensation with the trial Court.

(SABINA) J.

Sudha/66

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