[2023] KEHC 23932 (KLR)
The court found no basis to revise the ten-year imprisonment sentence for arson imposed on the applicant. The probation report indicated that the applicant was undergoing treatment for a psychological mood disorder and was not suitable for a non-custodial sentence. There was no error, illegality, or impropriety in...
Source-derived case information.
- Citation
- [2023] KEHC 23932 (KLR)
- Parties
- Applicant: Jagdish Singh Sudhar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E066 of 2023
- Procedural Posture
- Criminal Revision / Application for Revision of Sentence After Conviction
- Outcome
- application for revision declined; sentence upheld
- Judges
- RE Aburili
- Legal Topics
- Arson, Sentencing, Revision of Sentence, Probation Reports, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jagdish Singh Sudhar
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Sentence After Conviction
Legal Issues
- 1 Whether the sentence of ten years imprisonment for arson should be revised in light of the applicant's psychological condition and the probation report.
Ratio Decidendi
The court found no basis to revise the ten-year imprisonment sentence for arson imposed on the applicant. The probation report indicated that the applicant was undergoing treatment for a psychological mood disorder and was not suitable for a non-custodial sentence. There was no error, illegality, or impropriety in the original sentence, nor were there new circumstances warranting revision. The application for revision was therefore declined and the file closed.
Court Disposition
application for revision declined; sentence upheld
Orders
- The application for revision of sentence is declined.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Sudhar v Republic (Criminal Revision E066 of 2023) [2023] KEHC 23932 (KLR) (6 October 2023) (Revision)
Neutral citation: [2023] KEHC 23932 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E066 of 2023
RE Aburili, J
October 6, 2023
Between
Jagdish Singh Sudhar
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate Criminal Case No. 848 of 2018 at Kisumu)
Revision
1. The Convict is Jagdish Singh Sudhar. He is serving ten (10) years imprisonment imposed on October 1, 2019 vide Kisumu Chief Magistrate Criminal Case No 848 of 2018 for the offence of Arson contrary to Section 332(a) of the Penal Code.
2. The value of the property set ablaze by the convict was Kshs 30,000,000 the property called Almar Motors Shop belonging to Mahal Palace Building.
3. He faced another count 2 of Arson against the same complainant, the Khalsa shop valued at Kshs 30,963,930. He denied the offence and the case proceeded to full trial.
4. The Probation report filed in this court on August 25, 2023 shows that the convict is undergoing treatment for psychological condition of mood disorder and is not suitable for consideration for non-custodial sentence.
5. Accordingly, I decline to revise the sentence imposed and close this file.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE