Gujarat High Court
Bhanabhai Jinabhai Dungariya vs State Of Gujarat on 9 April, 2025
NEUTRAL CITATION
R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 640
of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting NoYes
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BHANABHAI JINABHAI DUNGARIYA
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR PV PATADIYA(5924) for the Applicant(s) No. 1
MR HARDIK SONI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 09/04/2025
ORAL JUDGMENT
1. The present revision application assails the correctness and validity of the order dated 30.06.2017 passed by the learned 3 rd Additional Sessions Judge, Visavdar in Criminal Appeal No. 129 of 2013 (hereinafter referred to as the "appellate court") whereby the learned appellate court was pleased to confirm the order dated 12.12.2013 passed by the learned Judicial Magistrate First Class, Visavdar in Criminal Case No. 480 of 2011.
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NEUTRAL CITATION R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025 undefined
2. The brief facts leading to filing of the present application is that the complaint came to be filed before the Junagadh Railway Police Station, Junagadh being C.R. No. 11 of 2011 wherein it was alleged that the present revisionist applicant had committed offences punishable under Sections 324, 326, 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act. It is alleged that the accused has inflicted knife blow on the complainant on vital part of the body and injured the complainant. Pursuant to the allegations made against the accused - present applicant, investigation came to be conducted and charge sheet came to be filed. Pursuant to filing of the charge sheet, the case was committed before the learned Judicial Magistrate First Class, Visavadar Court being Criminal Case No. 480 of 2011. After hearing the parties and on perusal of the material on record, the learned Judicial Magistrate First Class, Visavadar was pleased to convict the present applicant for the offences punishable under Section 324 of Indian Penal Code by imposing rigorous imprisonment of two year and fine of Rs.1,000/-. Being aggrieved and dissatisfied with the order passed by the learned Judicial Magistrate First Class, Visavadar, the present applicant preferred appeal being Criminal Appeal No. 129 of 2013 before the learned appellate court. The learned appellate court by way of judgment and order dated 30.06.2017 was pleased to dismiss the appeal preferred under Page 2 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:29:35 IST 2025 NEUTRAL CITATION R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025 undefined Section 374 of the Code of Criminal Procedure and confirmed the order passed by the learned Judicial Magistrate First Class. These orders are assailed in the present application.
3. At the outset, Mr. P.V. Patadiya, learned advocate for the applicant has submitted that instead of going into the merits of the matter and looking to the fact that the incident is almost of 15 years old and as there are no other antecedents against the revisionist applicant, this Court may grant the benefit of probation to the present applicant. However, Mr. Hardik Soni, learned Additional Public Prosecutor has placed on record the report of the Police Sub- Inspector, Junagadh Police Station, wherein it is stated that there are no antecedents against the present applicant.
4. Section 360 of the Code of Criminal Procedure deals with releasing an offender on probation of good conduct or after admonition the Section says that when any person not under 21 years of age is convicted for an offence punishable with fine only or with imprisonment for a term of seven years of less or when any person under 21 years of age or any woman is convicted of an offence not punishable death or imprisonment for life and no previous conviction was proved against the offender, the Court may having regard to the age of the offender, his character and his Page 3 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:29:35 IST 2025 NEUTRAL CITATION R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025 undefined antecedents as well as the circumstances in which the offence is committed, finds it expedient that the offender should be released on probation of good conduct, the Court may so direct instead of requiring him at once to suffer the punishment. As per sub-section (4) of Section 360, these powers can be exercised by the appellate court or by the High Court while exercising powers of revision. Similarly in Probation of Offenders Act, 1958, Section 4 thereof provides that the Court may release certain offenders on probation of good conduct. According to Section 4(1), when any person is found guilty of having committed an offence not publishable with death or imprisonment of life, the Court may release him on probation of good conduct. Sub-section (2) provides that while granting the benefit, the Court shall take into account Report, if any, of the Probation Officer concerned in relation to the case. The underlying object by the provision for releasing the offender on probation of good conduct after his conviction and deal with him leniently in respect of the sentence, is in tune with the reformative theory of punishment. The object is to provide an opportunity to the offender to reform himself. The courts have held that while sentencing a person, the sentencing court must apply its mind and application of Section 360 of the Code or Section 4 of the Probation of Offenders Act should be allowed a fair play. In Savaldas Ghumamal Vs State of Gujarat being Page 4 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:29:35 IST 2025 NEUTRAL CITATION R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025 undefined Criminal Appeal No.361 of 1998 decided on 04.04.2011, this Court granted benefit of probation of good conduct to the appellant of that case who was convicted and sentenced for the offence under the Essential Commodities Act, by taking into consideration amongst other facts the lapse of 13 years in the proceedings. The Court observed that in each case the Court should not be enthusiastic to see that each order of punishment should be carried out just for the sake of deterrence and held that the trial court ought to have given the offender the benefit of probation.
5. In view of the above, and the duration of offence, it would be in the fitness of things to grant benefit of probation to the applicant. Therefore, instead of requiring the applicant to undergo the sentence of imprisonment at once, he is directed to be released on probation of good conduct on execution of bond of Rs.5,000/- 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 of good conduct for the said period and the 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 Page 5 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Tue Apr 15 2025 Downloaded on : Tue Apr 15 21:29:35 IST 2025 NEUTRAL CITATION R/CR.RA/640/2017 JUDGMENT DATED: 09/04/2025 undefined directed by the Court.
6. Further, the conviction is confined for offences punishable under Section 324 wherein it is alleged that present revisionist applicant had injured the victim on vital part of the body. Therefore, it would be in the fitness of things if the applicant is directed to pay additional fine. Therefore, it is directed that the applicant shall deposit an amount of Rs.50,000/- with the concerned Taluka Legal Services Authority, within a period of one week from the date of receipt of this order. On depositing the said amount, the concerned Taluka Services Authority in turn after proper verification shall pay the said amount to the victim. The copy of this order also shall be forwarded to the Gujarat State Legal Service Authority and Taluka Legal Services Authority, Junagadh for proper compliance of the order.
7. With the aforesaid directions and providence as above, the present Criminal Revision Application succeeds and same is made allowed to the aforementioned extent. Rule is made absolute accordingly.
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