Gujarat High Court
Dasarathbhai Meghjibhai Chaudhary vs State Of Gujarat on 15 April, 2025
NEUTRAL CITATION
R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 977
of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes
No
✔
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DASARATHBHAI MEGHJIBHAI CHAUDHARY
Versus
STATE OF GUJARAT
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Appearance:
MR N P CHAUDHARY(3980) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY(5316) 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 : 15/04/2025
ORAL JUDGMENT
1. The present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure is preferred assailing the correctness and validity of the judgment and order dated 25.09.2017 passed by the learned Sessions Judge, Navsari in Criminal Appeal No. 12 of 2010 (hereinafter referred to as the "appellate court") which inter alia dismissed the Criminal Appeal preferred by the applicant and confirmed the judgment and order dated 29.06.2010 passed by the learned Judicial Magistrate First Page 1 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025 NEUTRAL CITATION R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025 undefined Class, Chikhli in Criminal Case No. 564 of 2005.
2. The brief facts leading to filing of the present application is that on 30.01.2005, the revisionist applicant being driver of the S.T. Bus bearing registration no. GJ-18-V-5855 was driving the bus in a very rash and negligent manner and while overtaking, the bus fell down, which resulted into injuries being caused to the passengers. This incident led to registration of First Information Report being C.R. No. I-51 of 2005 with Chikhli Police Station, District Navsari for the offenes punishable under Sections 279 and 337 of the Indian Penal Code read with Sections 177 and 184 of the Motor Vehicles Act. On completion of investigation, charge sheet came to be filed before the learned Judicial Magistrate First Class, Chikhli which culminated into registration of Criminal Case No. 564 of 2005. After hearing the learned advocate for the parties and having perusing the material on record, the learned Judicial Magistrate First Class, Chikhli vide judgment and order dated 29.06.2010 was pleased to convict the applicant for the offences punishable under Sections 279 and 337 of the Indian Penal Code and sentence him to undergo simple imprisonment for a period of three months and fine of Rs.500/- and in default, to further undergo simple imprisonment of five days. Being aggrieved and dissatisfied with the judgment and Page 2 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025 NEUTRAL CITATION R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025 undefined order of conviction dated 29.06.2010 passed by the learned Judicial Magistrate First Class, Chikhli, the present applicant under Section 374 of the Code of Criminal Procedure preferred appeal being Criminal Appeal No. 12 of 2010 before the learned appellate court. The learned appellate court by way of judgment and order dated 25.09.2017 was pleased to dismiss the appeal and confirmed the order passed by the learned Judicial Magistrate First Class, which has resulted into filing of the present revision application.
3. Heard Mr. N. P. Chaudhary, learned advocate for the applicant and Hardik Soni, learned Additional Public Prosecutor appearing for the State - respondent.
4. At the outset, Mr. Chaudhary, learned advocate for the applicant has stated that instead of going into the merits of the matter, it would be in the fitness of things to grant the benefit of Section 4 of the Probation of Offenders Act to the applicant.
5. Heard the learned advocates appearing for the parties and perused the material on record. It has been submitted by Mr. Chaudhary that it is not in dispute that the present applicant does not have any further antecedents and therefore, the Court may grant the benefit of probation to the present applicant. However, Mr. Page 3 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025 NEUTRAL CITATION R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025 undefined Hardik Soni, learned Additional Public Prosecutor has also placed on record the report of the Police Inspector, Chikhli Police Station, District Navsari 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 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 Page 4 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025 NEUTRAL CITATION R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025 undefined 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.
5. In view of the above, 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 one year. The applicant shall further furnish surety of equivalent amount in addition to the personal bond as above. The applicant shall remain Page 5 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025 NEUTRAL CITATION R/CR.RA/977/2017 JUDGMENT DATED: 15/04/2025 undefined 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 directed by the Court.
6. With the aforesaid directions and providence as above, the present Criminal Revision Application partly succeeds and same is made allowed to the aforementioned extent. Rule is made absolute accordingly.
(PRANAV TRIVEDI,J) phalguni Page 6 of 6 Uploaded by PHALGUNI PATEL(HC00175) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:24:55 IST 2025