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
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R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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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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R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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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
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R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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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
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R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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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
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R/CR.RA/2/2009 ORDER DATED: 10/09/2025
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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,
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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
