Sudhar v Republic [2023] KEHC 23932 (KLR)

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