Gujarat High Court
Bharatbhai Gandabhai Daniya vs State Of Gujarat on 3 April, 2025
NEUTRAL CITATION
R/CR.RA/848/2016 ORDER DATED: 03/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 848
of 2016
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BHARATBHAI GANDABHAI DANIYA & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR P J YAGNIK(1004) for the Applicant(s) No. 1,2
MR. HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 03/04/2025
ORAL ORDER
1. At the outset, Mr. P.J. Yagnik, learned advocate for the applicants states that applicant No.1 Bharatbhai Gandabhai Daniya has passed away and he puts on record the death certificate of applicant No.1. In view of the same, present revision application is abated qua applicant No.1.
2. Present revision application is preferred assailing the judgment and order passed by the learned Additional Sessions Judge, Limbdi (hereinafter referred to as 'the appellate Court') dated 5.10.2016 in Criminal Appeal No. 9 of 2016 which, inter alia, confirmed the judgment and Page 1 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined order dated 25.4.2016 passed by learned Additional Chief Judicial Magistrate, Limbdi (hereinafter referred to as 'the trial Court') in Criminal Case No. 911 of 2012.
3. The facts which has resulted in filing of the present revision application is that a complaint came to be lodged before Limbdi Police Station being II C.R. No. 3098 of 2012 wherein as per the allegation of the complainant, on 3.10.2012 at about 5 p.m., when she was doing her household work, at that time, original accused Nos. 1, 3 and 4 had come to her house and abused and beaten her. The role attributed to the applicant No.2 was of abusing the complainant by using improper words for his dis- liking of the complainant. It was further stated that two hours after the incident at around 7 p.m., applicant No.1 came to complainant's house and allegedly gave stick blows to the complainant and her husband. Therefore, pursuant to the incident dated 3.10.2012, a complaint was lodged and thereafter, investigation came to be concluded and charge-sheet came to be filed. Pursuant to the filing of charge-sheet, criminal case was registered Page 2 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined and charges were framed below Exh-4.
4. By way of judgment and order dated 25.4.2016, accused No. 1 and 2 i.e. present revisionist-applicant Nos. 1 and 2 were convicted of offence punishable under Section 323 of the Indian Penal Code and directed to undergo six months simple imprisonment with additional fine of Rs.500/- each. However, original accused Nos. 3 and 4 were released on probation while exercising power under Section 360 of the Code of Criminal Procedure.
5. Being aggrieved by judgment and order dated 25.4.2016 in Criminal Case No. 911 of 2012 , the present revisionist-applicants preferred an appeal before the learned appellate Court which came to be numbered as Criminal Appeal No. 9 of 2016. On conclusion of the appeal proceedings, the learned appellate Court, by order dated 5.10.2016, dismissed the appeal preferred by the revisionist-applicants and confirmed the judgment and order dated 25.4.2016. This order dated 5.10.2016 confirming the order dated 25.4.2016 is assailed in the Page 3 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined present revision application.
6. At the outset, Mr. P.J. Yagnik, learned advocate for the revisionist-applicant submitted that the applicant No.1 has passed away, the present revision qua applicant No.1 is disposed of as having been abated. This factum is also confirmed by Mr. Hardik Soni, learned Additional Public Prosecutor.
7. As far as the issue qua applicant No.2 is concerned, the main allegations against her was being present at the scene of offence at the first incident at 5 p.m. and abusing the complainant by using improper words. At the outset, Mr. Yagnik, learned advocate for the applicant states that instead of going to the root cause of the issue, as the allegations are mainly of oral abuse, this Court may give the benefit of probation to applicant No.2.
8. On the other hand, Mr. Hardik Soni, learned Additional Public Prosecutor submitted that this Court may pass appropriate order granting benefit of probation to the revisionist-applicant in the facts of the present Page 4 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined case. It was also submitted by learned Additional Public Prosecutor that as per instruction received from his Officer, there is no antecedent against the present applicant. In the present case, the revisionist-applicant is convicted for the offence punishable under Section 323 of the Indian Penal Code, which provides for maximum punishment of 3 years. However, in the present case, the applicant is inflicted with punishment of only 6 months. The prosecution has accepted the verdict and there is no question of enhancement in the present case. The case of the punishment is of very trivial nature and there is no injury sustained by the complainant as far as present revisionist-applicant is concerned.
9. Thus, the facts and circumstances of this case are sufficient to attract the benefit of probation in favour of the revisionist-applicant. The judgment and order of conviction and punishment dated 25.4.2016 passed by the learned trial Court in Criminal Case No. 911 of 2012 as well as the judgment and order dated 5.10.2016 passed by the appellate Court in Criminal Appeal No. 9 of 2016 Page 5 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined are hereby confirmed.
9. Therefore, instead of requiring the applicant- revisionist to undergo sentence of imprisonment at once, he is directed to be released on probation of good conduct on execution of bond of Rs.5,000/- (Rupees Five Thousand Only) before the learned Judicial Magistrate First Class, Limbdi for good behaviour for a period of six months. The applicant shall further furnish surety of equivalent amount in addition to the personal bond as above. The applicant shall remain in supervision for good conduct for the said period of six months and sentence imposed on him as per the order impugned shall remain suspended during that period. It is further directed that in the event of any breach, he shall appear and shall be required to receive the said sentence during such period as may be directed by the Court.
With these observations and directions, the present revision application stands disposed of. Rule is made absolute. Direct Service is permitted. Record & Page 6 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025 NEUTRAL CITATION R/CR.RA/848/2016 ORDER DATED: 03/04/2025 undefined Proceedings, if any, be sent back immediately to the concerned Court.
(PRANAV TRIVEDI,J) SAJ GEORGE Page 7 of 7 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 05 2025 Downloaded on : Mon Apr 07 22:02:51 IST 2025