[2023:RJ-JD:32820] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1279/2023 Leeladhar S/o Shri Sajanram, Aged About 42 Years, B/c Jat R/o Ward No. 20 Anoopgarh Tehsil Anoopgarh Dist. Sri Ganganagar Raj. Presently Lodged In Sub Jail Anoopgarh
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Anees Bhurat, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 04/10/2023
1. By way of filing instant criminal revision petition, challenge is made to the order dated 12.09.2023 passed by learned Additional Sessions Judge No.1, Anoopgarh District Shri Ganganagar in Criminal Appeal No.103/2016.
2. Sworn of the liberate details successively stated the facts of the case that the petitioner tried for the accusation for committing offence under Section 279 & 338 of IPC and vide judgment dated 29.11.2016, he convicted and sentenced to suffer imprisonment.
3. Aggrieved by the judgment of conviction, the petitioner preferred an appeal being Criminal Appeal No.103/2016 vide judgment dated 12.09.2023, the learned court of appellate though maintained the judgment of conviction but took a lenient view and reduced his sentence. He was directed to extend the benefit of probation. There was a stipulation in the order dated 12.09.2023 that the petitioner was required to execute the probation bond within seven days from the said order however the petitioner failed to do so. It is contended that after expiry of two or three (Downloaded on 12/11/2023 at 06:53:06 AM) [2023:RJ-JD:32820] (2 of 2) [CRLR-1279/2023] days, he appeared before the court of appellate and moved an application for releasing as well as prayed for acceptance of the bonds as directed by the trial Court vide order dated 12.09.2023. The learned court of appellate rejected his prayer and he has been taken in custody to serve the sentence as inflicted upon him by the learned Magistrate vide judgment dated 19.11.2016.
4. Heard both the parties and perused the judgment impugned as well as the judgment dated 29.11.2016.
5. Considering inevitable and unavoidable circumstances of the case, he was prevented to appear before the court of appellate on due date, I deem it appropriate to exceed to the prayer made in the petition.
6. The petitioner is directed to be released on probation as directed by the learned Additional Sessions Judge No.1, Anoopgarh, District Sri Ganganagar vide order dated 12.09.2023, his default in making non compliance of the order of the court of appeal is condoned. The learned court of appeal is directed to release him on probation upon execution of bonds as per its direction vide order dated 12.09.2023.
7. Accordingly, the instant revision petition is allowed.
(FARJAND ALI),J 119-Samvedana/-
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