Gujarat High Court
Pravinbhai Ishwarbhai Raval vs State Of Gujarat on 9 April, 2025
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R/CR.RA/850/2017 JUDGMENT DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 850
of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
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Approved for Reporting Yes
No
✔
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PRAVINBHAI ISHWARBHAI RAVAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
MR HARDIK SONI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 09/04/2025
ORAL JUDGMENT
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, Bhiladi 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.
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2. As far as the present application is concerned, the revisionist
applicant challenges the legality and validity of the order dated
28.07.2017 passed by the learned Additional Sessions Judge, Deesa
(hereinafter referred to as the 'appellate court") in Criminal Appeal
no. 16 of 2012 which inter alia confirmed the order dated 08.05.2012
passed by the learned Judicial Magistrate First Class, Deesa in
Criminal Case No. 3390 of 2011, whereby the revisionist applicant
came to be convicted for the offences punishable under Sections 379,
511 read with 114 of the Indian Penal Code and was sentenced to
undergo rigorous imprisonment of nine months and fine of Rs.1000/-
and in default to undergo further simple imprisonment for one year.
3. The brief facts leading to filing of the present application is
that the respondent no. 2 herein lodged a complaint being First
Information Report bearing C.R. No. I-50 of 2011 against the
revisionist applicant on 02.09.2011 with Bhiladi Police Station for the
offences punishable under Section 379, 511 read with 114 of the
Indian Penal Code. Pursuant to the investigation, charge sheet came
to be filed and charge came to be framed. Pursuant thereto,
Criminal Case No. 3390 of 2011 came to be tried against the present
revisionist applicant. The learned Judicial Magistrate First Class,
Deesa was pleased to convict the accused by order dated
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08.05.20212 as aforestated.
4. Being aggrieved and dissatisfied with the order of conviction
pased by the learned Judicial Magistrate First Class, Deesa, the
present applicant preferred appeal under Section 374 of the Code of
Criminal Procedure before the learned appellate court, being
Criminal Appeal No. 16 of 2012. The learned appellate court vide
order dated 28.07.2012 was pleased to upheld the order of
conviction and dismissed the appeal preferred by the present
applicant, which is assailed in the present application.
5. At the outset, Mr. Ankit Bachani, learned advocate for the
applicant states at the bar that without going into the merits and in
view of the statement made by Mr. Hardik Soni, learned Additional
Public Prosecutor, 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.
6. 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
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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
Additional Public Prosecutor on the basis of instructions received
that there are no antecedents of the applicant.
7. 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
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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
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. In Savaldas Ghumamal Vs State of Gujarat being
Criminal Appeal No.361 of 1998 decided on 04.04.2011, this Court
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granted benefit of probation of good conduct to the appellant of that
case who was convicted and sentenced for the offence under the
Essential Commodities Act, by taking into consideration amongst
other facts the lapse of 13 years in the proceedings. The Court
observed that in each case the Court should not be enthusiastic to
see that each order of punishment should be carried out just for the
sake of deterrence and held that the trial court ought to have given
the offender the benefit of probation.
8. 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. 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.25,000/- for good behaviour for a period of three years.
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.
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9. 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)
phalguni
