HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No v. For

: Mr. Mamraj Jat For Respondent(s) : Mr. Amit Punia, PP ----Petitioner ----Respondent HON'BLE MR. JUSTICE GANESH RAM MEENA 13/02/2025 Order

1. The present criminal writ petition has been filed by the accused- petitioner assailing the judgment of conviction and sentence dated 27.10.2017 passed by the learned Judge, Gram Nayalya, Nawalgarh, District Jhunjhunu (for short the ‘trial Court’) in Criminal Case No. 332/2006 (B.T. No. 221/2011) whereby the learned trial Court convicted and sentenced the accused- petitioner for the offences punishable under Section 279 of IPC to undergo three months simple imprisonment and a fine of Rs. 1000/- and in default of payment of fine, to further undergo ten days simple imprisonment and Section 337 of IPC to undergo three months simple imprisonment and a fine of Rs. 500/- and in default of payment of fine, to further undergo ten days simple imprisonment and Section 338 of IPC to undergo six months simple imprisonment and a fine of Rs. 1000/- and in default of [2025:RJ-JP:6371] (2 of 4) [CRLW-392/2018] payment of fine, to further undergo twenty days simple imprisonment and Section 304A of IPC to undergo two years simple imprisonment and a fine of Rs. 2000/- and in default of payment of fine, to further undergo one month simple imprisonment. The petitioner has further challenged the judgment dated 21.03.2018 passed by the Court of learned Sesions Judge, Jhunjhunu (for short the ‘Appellate Court’) in Criminal Appeal No.187/2017 (CIS No.179/2017), whereby the learned appellate Court dismissed the appeal and affirmed the judgment dated

27.10.2017 passed by the trial Court.

2. Learned counsel for the petitioner makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present petitioner may be substituted with the period of sentence already undergone by him, which is about twenty two days. It is also submitted that no any other criminal case is pending against him.

3. Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the revisionist-petitioner.

5. Heard. Perused the record. In Mohd. Firoz Vs. State of Madhya Pradesh (Criminal Appeal No.612/2019, decided on 19.04.2022), wherein the Hon’ble Apex Court, owing to the special facts & circumstances of the case, while reducing the sentence for offences under the relevant Section of the concerned Statute, observed as under:- “43………….we are reminded of what Oscar Wilde has said -“The only difference between the saint and the sinner is that every saint has a past and every sinner has a future”. One of the basic principles of restorative justice as developed by this Court over the years, also is to give an opportunity to the offender to repair the damage caused, and to become a [2025:RJ-JP:6371] (3 of 4) [CRLW-392/2018] socially useful individual, when he is released from the jail. The maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender.” (Emphasis supplied) This Court, therefore, observes, as is revealed from hereinabove, that the Hon’ble Apex Court, in Mohd. Firoz (supra), held that the Court may, in the interest of justice, reduce the sentence awarded to the accused. More so, this would be directed when the matter is an old one, and a deserving case at that, to reduce the sentence awarded to an accused person, to the time/sentence already served by him. Similarly, in special acts, with regard to the age/pendency of the matter, depending on the facts & circumstances of the case, this Court may deem it a fit case for applying the same aforementioned principle to reduce the sentence awarded to the period already undergone by him.

6. This Court is conscious of the judgments rendered in, Alister Anthony Pareira Vs. State of Maharashtra (2012) 2 SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC 678 wherein the Hon’ble Apex Court observed as under:- Alister Anthony Pareira (Supra) “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) “...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, [2025:RJ-JP:6371] (4 of 4) [CRLW-392/2018] 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...”

7. The present matter pertains to an incident which occurred in year 2006. The petitioner is said to be living peacefully in the intervening period and no adverse material or other criminal case is found to be registered against the petitioner. The petitioner has already remained in custody for about twenty two days.

8. Hence, in light of the limited prayer made on behalf of the petitioner and keeping in mind the aforementioned precedent laws, the present writ petition is partly allowed. Accordingly, while maintaining the conviction of the petitioner for the offences under Sections 279, 337, 338 & 304A I.P.C., the sentence awarded to the petitioner is reduced to the period already undergone by him and the accused-petitioner is not in judicial custody, thus he need not surrender. His bail bonds stands discharged accordingly. Since the writ petition has been partly allowed. Pending application/s, if any, stand disposed of. Office is directed to send back the record of the trial

11. Court. DIVYA SAINI /89 (GANESH RAM MEENA),J