Sunil Kumar vs State Of Rajasthan
2022 Latest Caselaw 6754 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 786/2020

1.      Sunil Kumar S/o Jaswant Jat, Aged About 36 Years,
        Utaradabas, Tehsil Bhadra, District Hanumangarh (Raj.).
2.      Kulwant       S/o    Balveer        Jat,     Aged          About   29   Years,
        Utaradabas, Tehsil Bhadra, District Hanumangarh (Raj.).
3.      Vidhya Devi W/o Jaswant Jat, Aged About 60 Years,
        Utaradabas, Tehsil Bhadra, District Hanumangarh (Raj.).
4.      Vimla     W/o       Subhash        Jat,     Aged       About       45   Years,
        Utaradabas, Tehsil Bhadra, District Hanumangarh (Raj.).
                                                                       ----Petitioners
                                      Versus
State Of Rajasthan, Through P.p.
                                                                      ----Respondent


For Petitioner(s)           :     Mr. Manjeet Godara.
For Respondent(s)           :     Mr. Mukhtiyar Khan, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

07/05/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The revision petition has been preferred claiming the

following reliefs:-


            "It is, therefore, most respectfully and humbly
      prayed
      a) that this criminal revision petition may kindly be
      accepted, allowed and the order and judgment dated
      21.02.2018 passed by the learner Additional Chief
      Judicial Magistrate, Bhadra in Original Criminal Case
      No.571/2007 and order/judgment dated 18.08.2020

                       (Downloaded on 10/05/2022 at 08:35:23 PM)
                                                                              (2 of 2)                    [CRLR-786/2020]


                                         passed Additional Sessions Judge, Bhadra in Criminal
                                         Appeal No.07/2018 may kindly be quashed and set
                                         aside and petitioners may kindly declared as acquitted
                                         for the offence leveled against them.
                                         b) Any other order or directions, which this Hon'ble
                                         Court     deems fit and proper in the facts and
                                         circumstances of the case, may kindly be passed in
                                         favour of the petitioners.

                                         Learned      counsel    for     the     petitioner          makes   a   limited

                                   submission that the petitioner is an employee and may suffer the

                                   rigors of the conviction.

                                         However, the proposition of suffering the rigor of the

                                   conviction is ruled out, as the Probation of Offenders Act itself in

                                   Section 12 lays down the law that the person concerned given the

                                   benefit of Probation shall not suffer any rigor of conviction.

                                         In view of the above, no cause of interference is made out in

                                   the present petition and the same is accordingly dismissed. All

                                   pending applications also stand disposed of accordingly.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

19-/Jitender//-

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