NASIR KHAN @ CHIKANA @ SIRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant revision petition has been filed by the convict from the jail challenging the validity of judgment 20.10.2005 passed by the learned Additional Chief Judicial Magistrate, Dhariyavad in Criminal Regular Case No. 407/2004 whereby the petitioner was convicted for offence Under Section 379 I.P.C. and has sentenced to 3 years R.I. alongwith fine of Rs. 2,000/ - and in default of payment of fine to further undergo 3 months ' S.I. Against the aforesaid judgment and order, the petitioner preferred an appeal before the learned Sessions Judge, Udaipur which came to be transferred to the learned Additional Sessions Judge No. 3, Udaipur and the learned Additional Sessions Judge No. 3, Udaipur vide judgment dt. 9.12.2005 dismissed and appeal affirming the judgment and order passed by the learned Judicial Magistrate.

(2.) DURING the course of argument, Sh. K.R. Bhati, the learned Amicus Curiae stated that he does not want to challenge the findings recorded by the learned trial Court as well as learned Appellate Court on conviction, but he states that maximum sentence provided for offence Under Section 379 I.P.C. is 3 years and in this case there is allegation of theft of motor -cycle which has been recovered from the petitioner. The petitioner is behind bars for last more than 2 years. It has, therefore, been prayed that sentence awarded to the petitioner by the learned trial Court and affirmed by the learned Appellate Court be reduced to the period already undergone by him.

(3.) FROM the facts of the case, it is obvious that the petitioner was convicted for offence Under Section 379 I.P.C. for theft of motor -cycle bearing No. RJ 27 -10M/ 7517 and said vehicle was recovered from the petitioner. This incident took place on 18.09.2004. From the record, it is also apparent that the sentence awarded to the petitioner was suspended vide order dt. 10.11.2006, but he could not be released on bail as he did not furnish the requisite bail bonds and surety as ordered by this Court.