Gujarat High Court
Kantibhai Chandubhai Solanki vs State Of Gujarat on 10 September, 2025
NEUTRAL CITATION
R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 2 of 2009
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KANTIBHAI CHANDUBHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR PY DIVYESHVAR(2482) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 10/09/2025
ORAL ORDER
1. Rule. When the matter is called out, as per the order passed by this Court dated 06.08.2025. The report from the Probation Officer has been placed on record. The present revision application has been preferred by the present applicant
- accused under Section 397 read with Section 401 of the Code of Criminal Procedure directed against the judgment passed by the learned Additional Sessions Judge and Fast Track Court No.3, Vadodara in Criminal Appeal No.02/2008 by judgment dated 22.12.2008 partly allowed the appeal of the present applicant - accused and order of the conviction passed Page 1 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025 NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined by the learned 3rd Judicial Magistrate First Class, Vadodara in Criminal Case No.124/1919 altered and modified to extent the conviction under Section 326 has been converted into 325 of the Indian Penal Code order to undergo simple imprisonment for period of six months.
2. Heard learned advocate for the applicant and the learned A.P.P. for the respondent - State and after hearing the following order has been passed by this Court on 06.08.2025. Further, learned advocate for the applicant has submitted that he is not requesting for any reason order on merits and confined his only arguments regarding the sentence portion and submitted benefit of Probation of Offenders Act is granted to the present applicant punishment is only up to six months and also said that looking to the injury to the injured person. He is ready and willing to give rupees by way of compensation to the injure and will abide by all the conditions imposed by this Court.
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NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined
3. On the other hand, Learned A.P.P. Niraj Sharma has submitted Probation Officer's report has already been produced taken on record and submitted that as the present applicant is not placed this revision application on merits and aspects of benefit of Probation of Offenders Act may be granted to the present applicant - accused found, if it is necessary by this Court.
4. This Court has perused the Probation Officer's report submitted Probation Officer, Vadodara dated 30.08.2025 qua the present applicant - accused Mr. Kantibhai Chandubhai Solanki and from the report it transpired the conduct of present applicant very good earlier, there is no offence has been registered against the present applicant and he is also taking part in the social as well as religious functions and present applicant is 62 years old.
5. This Court has considered Section 11 of the Probation of Page 3 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025 NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined Offenders Act, 1958. As per Section 11(1) of the Act, the High Court or any other Court is empowered to try and sentence the offender to imprisonment and pass the order under the Act when the case comes before the High Court on Appeal on in revision.
6. As per Section 4 of the Act, if the person is found guilty of having committed an offence not punishable with death or imprisonment for life, then the Probation can be granted.
7. At present applicant has been facing the sentence of six months only for the offence punishable under Section 325 of the Indian Penal Code therefore, Section 4 of the Act is applicable to the present case in hand is concerned.
8. This Court has considered the character of the offenders, nature of offence, the report of the probation Officer, circumstances of the case and find that this is a fit case to Page 4 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025 NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined exercise jurisdiction under Section 11 of the Act to grant probation to the Applicants/Accused Persons.
9. In the judgment and order passed by the learned Additional Sessions Judge and Presiding officer, Fast Track Court No.3, Vadodara in Criminal Appeal No.02/2008 partly allowed the appeal of the present applicant and convicting the present applicant under Section 325 of the Indian Penal Code and sentencing to six months of simple imprisonment is maintained. However, maintaining this conviction of offence benefit of probation is required to be given under the Probations of Offenders Act.
10. The present applicant has to deposit Rs.5,000/- before the learned 3rd Judicial Magistrate First Class Court, Vadodara within three weeks from the date of passing of this order and the amount has been deposited by the present applicant. The concerned Registry has to paid this amount to the injured Page 5 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025 NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined person Udaysinh Muljibhai after issuing notice to the injured and after due verification.
11. It is expedient to release the Applicant / Accused on probation of good conduct for a period of six months from today. This sentence of imprisonment shall remain suspended during this period. He is released on bail and shall continue to be so provided execute a bond of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of the trial Court with surety of the like amount to appear and receive sentence when called upon during the said period of six months.
12. In the meantime, the Applicant / Accused must keep peace and be of good behavior. Sentence of imprisonment shall stand remitted if he do so. The Appeal is accordingly disposed of in the manner indicated above.
13. Copy of the judgment be sent to the Probation Officer, Page 6 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025 NEUTRAL CITATION R/CR.RA/2/2009 ORDER DATED: 10/09/2025 undefined Vadodara. He will submit the report to the trial Court on completion of every year. Considering the report submitted by the Probation Officer, if found adverse against the present Applicant / Accused, the trial Court shall implement and execute the impugned order without further reference to this Court.
14. Criminal Revision Application stands disposed of accordingly. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J) HRT Page 7 of 7 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Sat Sep 20 02:22:39 IST 2025