Ramu @ Ram Chandra vs State Of Rajasthan
2023 Latest Caselaw 6602 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1113/2023

Ramu @ Ram Chandra S/o Sh. Bishambhar Dayal, Aged About 40 Years, R/o Ward No. 8 Pilibanga Ps Pilibanga, District Hanumangarh. (At Present Lodged In Central Jail, Sri Ganganagar)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/08/2023

1. The instant revision petition has been filed by petitioner against

the judgment dated 05.09.2018 passed by the learned Judicial

Magistrate, Pilibanga in Criminal Case No.38/08 and the appeal vide

judgment dated 10.05.2023 passed by the Additional Sessions Judge

No.2, Hanumangarh.

2. By way of filing the instant criminal revision petition, challenge is

made to the order dated 17.08.2023, whereby the application filed by

the petitioner seeking extension of time for depositing of the fine

amount and execution of bond of probation has been rejected.

3. Heard learned counsel for the parties and gone through the orders

impugned.

4. It is revealed that after conviction, the petitioner preferred an

appeal before the learned Additional Sessions Judge No.2,

Hanumangarh, wherein though the judgment of conviction had been

affirmed but taking a lenient view, the benefit of probation was directed

(2 of 2) [CRLR-1113/2023]

to be extended to him. He would directed to furnish bonds of probation

under Section 4 of the Probation of the Offenders Act as well as directed

to deposit Rs.5,000/- towards cost of proceedings under Section 5 of

the Probation of the Offenders Act. As per the judgment dated

10.05.2023, the needful was required to be done within fifteen days but

the petitioner failed to do so. Whereafter an application was moved for

extension of the period so awarded to him on the ground that his

mother was ailing with serious disease. Upon his failure in compliance of

the order dated 10.05.2023, he was taken into custody and sent to jail

to serve the part of sentence.

5. After going through the niceties of the matter, the fact that the

petitioner had gone to take care of his ill mother, I deem it appropriate

to take a lenient view.

6. Accordingly, the revision petition is allowed. The petitioner is

ordered to be released upon furnishing bond of probation under Section

4 of the Probation of the Offenders Act and to deposit Rs.5,000/- under

Section 5 of the Probation of the Offenders Act as directed by the

appellate court vide order dated 10.05.2023 within next fifteen days.

Upon furnishing of the bonds and deposit of amount, he shall be

released from prison forthwith (if not wanted in any other case).

7. Record of the courts below be sent back.

8. The revision petition as well as all pending applications, if any,

shall stand disposed of accordingly. A copy of this order be sent to the

trial court for compliance.

(FARJAND ALI),J

296-Taruna/-

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