HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 104/2023 Chandrawali @ Chawali W/o Sh. Dharam Pal, Aged About 60 Years, R/o W.no. 18, Teh. Nohar, Dist. Hanumangarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ganga Ram
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
30/01/2023
The present criminal revision petition under Section 397 read with Section 401 of Cr.P.C. has been preferred by the petitioner against the judgment dated 04.01.2023 passed by the learned Additional Sessions Judge No.2 Nohar, District Hanumangarh in Criminal appeal No.54/2017 whereby the learned appellate court partly allowed the appeal and while giving benefit of Probation of offenders Act, maintained the judgment of conviction dated 14.10.2017 passed by learned Judicial Magistrate Nohar, District Hanumangarh in Criminal Case No.70/2016 whereby the petitioner was convicted for offence under Section 19/54 of the Rajasthan Excise Act and was sentenced to undergo 3 years simple imprisonment and fine of Rs.25,000/- and in default of payment of fine to further undergo six months simple imprisonment.
Challenging the impugned orders, learned counsel for the petitioner submits that the learned courts below have committed (Downloaded on 31/01/2023 at 10:41:09 PM) (2 of 3) [CRLR-104/2023] grave illegality while sentencing and convicting the petitioner. It is also submitted that before the appellate court, the matter was argued on merit but the appellate court without considering the arguments, upheld the conviction and granted benefit of probation to the petitioner.
Heard learned counsel for the parties and perused the impugned judgments.
A perusal of the judgment dated 04.01.2023 passed by the appellate court, particularly para no.7 thereof, it is clear that a prayer on behalf of the petitioner was made that she may be given the benefit of probation as per the Probation of Offenders Act and she has not challenged the impugned judgment of conviction.
In view of the above, the petitioner now cannot challenge the impugned order dated 04.01.2023 on its merit in the present criminal revision petition.
At this stage, learned counsel for the petitioner submits that though the learned appellate court has granted benefit of Section 4 & 5 of the Probation of Offenders Act to the petitioner and has also directed the petitioner to deposit a sum of Rs.25,000/- as cost of proceedings within a period of one month from the date of order, but the petitioner is unable to deposit the aforesaid amount of Rs.25,000/- within a period of one month. Therefore, it is prayed that the petitioner may be permitted to deposit the aforesaid sum of Rs.25,000/- within three months instead of one month.
In view of the limited prayer of learned counsel for the petitioner, the present revision petition is disposed of with liberty to the petitioner to deposit the amount of Rs.25,000/- within a (Downloaded on 31/01/2023 at 10:41:09 PM) (3 of 3) [CRLR-104/2023] period of three months instead of one month. In case the petitioner fails to deposit Rs.25,000/- the order passed by the learned appellate court granting the benefit of probation shall cease to operate and the petitioner shall be sentenced for the offence.
(MADAN GOPAL VYAS),J 128-nidhi/-
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