IN THE HIGH COURT OF JUDICATURE FOR RAJSATHAN AT JODHPUR S.B. CRIMINAL REVISION NO. 41/2010 (TEJ SINGH Vs. STATE & ORS.) Date : 22.07.2010 HON'BLE MR. C.M. TOTLA, J. Mr. S. Saruparia for the petitioner. Mr. K.K. Rawal, P.P.. = = = = This revision challenges conviction for the offences of Ss 467, 468, 471 recorded by the court of Chief Judicial Magistrate, Rajsamand vide order dated 19.2.09 in Criminal Case No. 73/06 and affirmed by learned Sessions Judge deciding Appeal No. 48/09 dated 22.06.09. While affirming conviction and sentences reduced and awarded by learned Sessions Judge respectively are (i) 18 months simple imprisonment with Rs.100/- fine (ii) 18 months simple imprisonment with Rs.100/- fine (iii) one year simple imprisonment with Rs.100/- fine. In default of payment of fine on each count, ordered 10 days simple imprisonment. Heard learned counsel for the petitioner and learned Public Prosecutor and had a careful look at and read the both impugned judgments. Petitioner charges and convicted for that he being agent of Co- operative Bank in October,2003 inducing complainant for a recurring deposit obtained about Rs.18,000/- and on such inducement again Rs.30,000/- in 2004. Appellant always used to make entries in complaint's diary assured him of payment on maturity But no such deposits ever made in bank. Learned counsel confining his arguments to sentence argues that appellant convicted in two other cases also since early 2009 is in custody. Argued that so far appellant has undergone atleast 15 months in detention. Learned counsel submits that appellant convicted and sentence in two other cases and sentence reduced in remission to that of undergone vide judgments in May, 2010 numbers being 78/10 and 40/10. Made available for perusal is copy of order dated 12.05.10 in S.B.Crl. Revision No. 78/10. Urged that looking to the total period of detention so far, sentence may be reduced to undergone. Learned Public Prosecutor supporting judgments submits that appropriate sentence ought to be. Copy of the letter of Superintendent, Central Jail, Udaipur bearing No. 672 and 673 dated 17.6.09 is on record which describe that imprisoned since February, 09, first convicted in August, 08 and consecutively undergoing sentence. Now since 15.4.09 undergoing sentence awarded in Case No. 396/06. For criminal case at hand bearing No. 73/06 of Magistreal Court letter states that revisionist dring trial remained in detention in this case for period of ffive months 25 days. Thus, it appears that appelalnt convicted in two other cases also. In this case as undergone about six months other two cases decided in May, 2010, two months more by this time. On record also is verified compromise entered into parties on 19.02.09. In the totality of all the facts and keeping view of the entire matter,just and appropriate is to reduce the sentence to imprisonment already undergone but with enhanced fine. Accordingly, partly accepting the revision, reducing the period of imprisonment awardedm petitioner is respectively sentenced to (i) for offence under Section 467 IPC to the period already under gone with fine Rs.7000/- (ii) for offence under Section 468 IPC - period already under gone with fine Rs.27000/- (iii) for offence under Section 471 IPC to the period already under gone with fine Rs.1000/- . In default of payment of fine, to undergo 70, 20 and 10 days simple imprisonment respectively. All sentences in default of payment of fine to run separately. (C.M. TOTLA), J. bj