GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioner under Sec. 397 read with Sec. 401 of Cr.P.C. assailing the judgment of conviction and sentence dtd. 1/2/2005 passed by the Court of Judicial Magistrate, Bonli, Sawai Madhopur (for short Rs.the Trial Court') in Criminal Case No. 151/2000, whereby the Trial Court convicted the accused-petitioner for the offence punishable under Sec. 19/54 of the Rajasthan Excise Act and sentenced to undergo six months simple imprisonment and fine of Rs. 1000/-. The petitioner had further (SC/ST) Prevention of Atrocities Cases and Addl. Sessions Judge, Sawai Madhopur, whereby the learned Court vide order dtd. 17/1/2006 had rejected the appeal filed by the accused- petitioner and affirmed the order passed by the Trial Court.

(2.) Learned Counsel for the revisionist-petitioner submits that the sentence, so awarded to the revisionist-petitioner, was suspended by the Court vide its order dtd. 28/2/2006. Counsel also submits that the present matter pertains to an incident which occurred in year 1999 and this revision petition has been pending since year 2006. Counsel makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him, which is about 46 days.

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