SUO MOTU Vs. MOHIT @ NETRAPALSINH RANVIRSINH CHAUDHARY

JUDGEMENT

(1.) THIS Revision Application has been initiated pursuant to order dated 8th November, 2012 in Criminal Misc. Application No. 15962 of 2012, which was filed in Criminal Appeal No. 553 of 2010 by the present respondent before this Honble High Court. Such an appeal was preferred by the present respondent as appellant challenging the judgement and order dated 30th September, 2011 by the Chief Judicial Magistrate, Surat in Criminal Case No. 33162 of 2006, wherein the present respondent was convicted for 5 years, 4 months and 6 days under Section 394, 365, 114 and 118 of the Indian Penal Code and Section 25(1(A)(B) of the Arms Act.

(2.) RESPONDENT is also convicted in Session Case No. 199 of 2006 by Additional Sessions Judge, Fast Track Court No. 4, Vadodara vide his order and judgement dated 9th February, 2010 for 7 years under Section 395 of Indian Penal Code with reference to J.P.Road Police Station, CR. No.I -131 of 2006. Whereas conviction by the Chief Judicial Magistrate, Surat was with reference to Umara Police Station, CR No. I - 247 of 2006. The conviction by the Chief Judicial Magistrate, Surat was practically because of admission of guilt by the petitioner before the Court, since respondent pleaded guilty. However, it seems that while convicting the respondent, Surat Court has, may be considering his conviction in the previous case by the Vadodara Court, reduced the period of sentence for the actual period which he has to undergo in previous conviction and thereby conviction is awarded in specific number of days like 5 years 4 months and 6 days. Thereby Surat Court has given a full set off of not only period of custody pending trial but entire conviction to the respondent in another case. Thereby practically respondent has to undergo only one set of punishment in one case, though both the offences were committed at different point of time at different place and though both the offences were of serious nature.

(3.) CONSIDERING the above factual details, when respondent has filed an appeal to grant benefit of concurrent running of sentence passed into different cases by two different Courts, this Court (Coram : Honble Mr.M.R.Shah, J) by an order dated 8th November, 2012 directed the Registrar to register this Revision Application as suo motu, considering the fact that in Criminal Case No. 33162 of 2006, the Chief Judicial Magistrate, Surat has granted benefit of set off to the respondent for the period during which he has remained in Jail with reference to another case.