Nisar Khan and another vs State of Chhattisgarh

R.S. Garg, J.—The applicants being aggrieved by the judgment dated 22-12-2000 passed in Criminal Appeal No. 158/94 by the learned Third Additional Sessions Judge, Durg, confirming the conviction and sentence recorded and awarded by the learned Judicial Magistrate, Durg in Criminal Case No. 302/94 on 27-10-94, convicting the appellants/applicants for the offence u/s 379 of the Indian Penal Code and sentencing them to R.I. for six months each, they have filed this revision petition.

Learned counsel for the applicants is not challenging the findings regarding the guilt of the applicants but has submitted that the applicants were arrested in the year 1989, remained in jail for few days before they were released on bail by the Trial Court and are again in jail since 22-10-2000, i.e., from the date of the judgment in appeal and as they have undergone almost or little more than one month, the sentence awarded to each of the applicants be reduced to the period already undergone.

Shri Jajodia, learned counsel for the State submits that the question of award of sentence is always within the discretion of the Court, therefore he would leave the matter to the discretion of the Court.

I have heard the parties.

From the records it appears that the alleged incident took place somewhere in the night intervening 6th and 7th February, 1989. The applicants were arrested and produced before the competent Magistrate. It appears that the trial went on for a period of five years and the appeal took almost six years in its disposal. The applicants are facing the trial for a period of almost about 10 years.

Taking into consideration the mental agony already suffered by the applicants and the period they have undergone, I consider present to be a fit case where the sentence deserves to be reduced to the period already undergone. The petition is allowed on the question of sentence. The sentence awarded by the Courts-below are set-aside instead the applicants are awarded the period they have already undergone.

The revision to the extent indicated above is allowed. The applicants be set at liberty forthwith if not required in connection with any other offence.

Criminal Revision allowed.