Ram Pratap vs State Of Rajasthan
2023 Latest Caselaw 6443 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1108/2023

1. Ram Pratap S/o Shri Ramdev, Aged About 38 Years, B/c Bhargava, R/o Village Karmisar District Bikaner. (At Present Lodged In Central Jail, Bikaner)

2. Maya Ram S/o Shri Ramdev, Aged About 36 Years, B/c Bhargava, R/o Village Karmisar District Bikaner. (At Present Lodged In Central Jail, Bikaner)

3. Dhanna Ram S/o Shri Ramdev, Aged About 34 Years, B/c Bhargava, R/o Village Karmisar District Bikaner. (At Present Lodged In Central Jail, Bikaner)

4. Bhura Ram S/o Shri Ramdev, Aged About 32 Years, B/c Bhargava, R/o Village Karmisar District Bikaner. (At Present Lodged In Central Jail, Bikaner)

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/08/2023

1. By way of the instant revision petition challenge is made to

the judgment dated 18.08.2023 passed by the Special Judge, SC/

ST (Prevention of Atrocity Cases) and Additional Sessions Judge,

Bikaner in Criminal Appeal No.8/2016, whereby the judgment

dated 17.12.2015 passed by the learned Additional Chief Judicial

Magistrate No.4, Bikaner in Criminal Original Case No.76/2003 has

been affirmed.

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2. The facts unnecessary for the disposal of the revision petition

are that for the accusation of committing offence under Sections

457 and 380 IPC, the accused were arrested and convicted by the

learned trial court vide judgment dated 17.12.2015.

3. The accused petitioners were convicted and sentenced by the

trial court as under:-

Name    of      the Offence for Substantive Fine and default
accused             which       sentence    sentence
                    convicted
Ram Pratap, Maya Section           457 Three years' SI Fine of Rs.2,000/- and
                    IPC                                in default of payment
Ram, Dhanna Ram                                        of    fine,   additional
, Bhura Ram                                            simple     imprisonment
                                                       of 6 months.
                    Section380 IPC Two Year's S.I.              Fine of Rs.1,000/- and
                                                                in default of payment
                                                                of    fine   additional
                                                                imprisonment of three
                                                                months



                    Section427 IPC One Year's SI                Fine of Rs.500/- and in
                                                                default of payment of
                                                                fine         additional
                                                                imprisonment of one
                                                                month

4. The appeal against the judgment of conviction and order of

sentence has also been dismissed. Both the orders are under

assail before this Court.

5. At the outset, learned counsel for the petitioner does not

want to press on the point of conviction, however, seeks

benevolence on the point of sentence. It is contended that the

petitioners are indigent persons and belongs to remote village of

western Rajasthan and have no sufficient means. The alleged

incident took place way back twenty years and the offence for

getting mischief of certain rupees and stealing of Rs.23,000/- and

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10 kgs. ghee. They were not previously convicted and have no

criminal antecedent and they have faced trial for long twenty

years. The facts and circumstances are not such so as to dis-

entitle them from being released on probation under Section 360

Cr.P.C. or Section 460 of the Offender Act and the learned trial

court and the appellate court have erred in passing the order on

the point of sentence.

6. I have gone through both the orders.

7. It is true that the incident occurred twenty years ago and

pertains to mischief of paltry amount and stealing of ghee only.

They have no criminal antecedents and no circumstances are

appearing in this case for which the petitioners may be dis-entitled

from getting the benefit of probation. This Court is convinced that

both the courts below have neglected the provision contained

regarding probation, thus, it is deemed appropriate to extend the

benefit of probation to the petitioners.

8. Accordingly, the revision petition is allowed in part. The

judgment of conviction dated 18.08.2023 passed by the Special

Judge, SC/ST (Prevention of Atrocity Cases) and Additional

Sessions Judge, Bikaner in Criminal Appeal No.8/2016 and

affirmed by the learned Additional Chief Judicial Magistrate No.4,

Bikaner in Criminal Original Case No.76/2003 are maintained.

However, the order of sentence stands modified in the manner

that the petitioners are ordered to be released from prison

forthwith (if not wanted in any other case) on probation under

Section 4 of the Probation of the Offenders Act on their furnishing

personal bonds in the sum of Rs.25,000/- with one surety in the

like amount, for a period of six months with an undertaking to

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appear and receive sentence as and when called upon by the

court, in case of default of any term and condition of the probation

bond and to keep peace and be of good behaviour during such

period of six months from the date of their entering into such

bond. The bonds be furnished before the learned trial court i.e.

Chief Judicial Magistrate, Bikaner. The amount of fine as imposed

by the trial court shall be deposited by the petitioners within a

period 90 days from the date of this order. Their bail bonds are

discharged.

9. The revision petition as well as all pending applications, I

any, shall stand disposed of accordingly. A copy of the order be

sent to the trial court for compliance.

(FARJAND ALI),J 219-Taruna/-

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