Dharamveer Raunkali v State of Uttarakhand

Uttarakhand High Court

 29 May 2013

Criminal Revision No. 112 of 2013

The Judgment was delivered by : Alok Singh, J.

1. Learned counsel for the revisionist submits that revisionist was convicted and sentenced by Judicial Magistrate, Didihat for the offence punishable u/s. 353 IPCand was directed to undergo simple imprisonment for a period of three months. He further submits that appeal filed by the revisionist was also dismissed by the Sessions Judge vide judgment and order dated 14.05.2013.

2. Mr. Pathak further contends that revisionist is in jail for the last 15 days. He further contends that revisionist is ready to pay Rs. 25000/- to the complainant Ramesh Chandra as compensation as provided u/s. 357 (3) Cr.P.C., therefore, sentenced may be reduced to the period already undergone.

3. Mr. Vipul Painuly, AGA for the State, submits that he has no objection to such proposal.

4. Considering the peculiar facts and circumstances of the case, this revision is disposed of with a direction that sentence awarded by the trial court is reduced to the period already undergone by the revisionist. Revisionist shall be released forthwith, if not wanted in any other case. Revisionist shall deposit Rs. 25000/- before the trial court within 15 days after his release from jail. Amount, so deposited, shall be paid to the complainant Ramesh Chandra. It is made clear that if revisionist fails to deposit the said amount of compensation within 15 from his release, he shall serve the rest of the sentence awarded by the trial court, as confirmed by the appellate court.

Revision disposed of