Gujarat High Court
Manjibhai Khimjibhai Khant (Sarvaiya) vs State Of Gujarat on 16 April, 2025
NEUTRAL CITATION
R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 467
of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes No
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MANJIBHAI KHIMJIBHAI KHANT (SARVAIYA)
Versus
STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) 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 : 16/04/2025
ORAL JUDGMENT
1. At the outset Mr. Hardik Soni, learned Additional Public Prosecutor appearing for the State applicant has placed on record the report of the Police Inspector, Jetpur Taluka Police Station, wherein it has been stated that there are no antecedents against the applicant. It is also stated by Mr. Hardik Soni, learned Additional Public Prosecutor that there are no subsequent offences reported against the applicant. It is also not in dispute that at present the age of the applicant is Page 1 of 6 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025 NEUTRAL CITATION R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025 undefined 75 years.
2. Present revision application is preferred under Section 397 read with Section 401 of the Criminal Procedure Code assailing the correctness and validity of the order dated 22.4.2015 passed by the learned Additional Sessions Judge, Rajkot at Jetpur (hereinafter referred to as 'the appellate Court') in Criminal Appeal No. 9 of 2015 whereby the learned appellate Court was pleased to confirm the order passed by the learned Judicial Magistrate First Class, Jetpur (hereinafter referred to as 'the trial Court') in Criminal Case No. 1155 of 2006 convicting the present revisionist-applicant under Section 324 of the Indian Penal Code for a period of one year rigorous imprisonment and fine of Rs.1000/- and in default of payment of fine, further simple imprisonment of one month was awarded. However, the learned appellate Court confirming the conviction has reduced the sentence from one year to three months and enhance the fine of Rs.1000/- to Rs.10,000/-
3. At the outset, Mr. Fenil Bathiya, learned advocate for the applicant states at the bar that without going into the merits and looking to the age of the present applicant who is Page 2 of 6 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025 NEUTRAL CITATION R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025 undefined 75 years old at present and in view of the statement made by Mr. Hardik Soni, learned Additional Public Prosecutor, that there is no antecedents against the present applicant, it may be in the fitness of things to grant benefit of probation to the applicant. He further submitted that the issues are trivial in nature and and therefore, benefit of probation under Section 360 of the Code of Criminal Procedure could be granted to the applicant.
4. It is true that the revisional jurisdiction under Section 397 of the Code of Criminal Procedure has limited jurisdiction which can be exercisable if the court below has committed a manifest illegality or the findings are perverse and based on misreading of evidence resulting into miscarriage of justice. Therefore, there cannot be any infirmity with the impugned judgment and order. However, Section 360 of the Code of Criminal Procedure deals with releasing an offender on probation of good conduct, with regard to his age, character as well as the incident and antecedents, then the underlying object for releasing the offender after conviction is to be dealt with leniently in respect of his sentence, is in tune with the reformative theory of punishment. It is also stated by learned Page 3 of 6 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025 NEUTRAL CITATION R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025 undefined Additional Public Prosecutor on the basis of instructions received that there are no antecedents of the applicant.
5. Section Procedure probation 360 deals of the Code Criminal offender 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 SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025 NEUTRAL CITATION R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025 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.
6. In view of the above, looking to the nature of offence and the duration of offence, it would be in the fitness of things to grant benefit of probation to the applicant. The order passed by the learned Trial Court and learned Appellate Court are not required to be interfered with and they are hereby confirmed. However, looking to the age of applicant, nature of incident Page 5 of 6 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025 NEUTRAL CITATION R/CR.RA/467/2018 JUDGMENT DATED: 16/04/2025 undefined and the antecedent of applicant, it would be proper to grant benefit of probation to the present 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 directed by the Court.
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.
(PRANAV TRIVEDI,J) SAJ GEORGE Page 6 of 6 Uploaded by SAJ GEORGE(HC01069) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:39:18 IST 2025