Chandrawali @ Chawali vs State Of Rajasthan
2023 Latest Caselaw 1150 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 104/2023

Chandrawali @ Chawali W/o Sh. Dharam Pal, Aged About 60 Years, R/o W.no. 18, Teh. Nohar, Dist. Hanumangarh.

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Ganga Ram
For Respondent(s)        :     Mr. Abhishek Purohit, AGA



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                    Order

30/01/2023

The present criminal revision petition under Section 397 read

with Section 401 of Cr.P.C. has been preferred by the petitioner

against the judgment dated 04.01.2023 passed by the learned

Additional Sessions Judge No.2 Nohar, District Hanumangarh in

Criminal appeal No.54/2017 whereby the learned appellate court

partly allowed the appeal and while giving benefit of Probation of

offenders Act, maintained the judgment of conviction dated

14.10.2017 passed by learned Judicial Magistrate Nohar, District

Hanumangarh in Criminal Case No.70/2016 whereby the petitioner

was convicted for offence under Section 19/54 of the Rajasthan

Excise Act and was sentenced to undergo 3 years simple

imprisonment and fine of Rs.25,000/- and in default of payment of

fine to further undergo six months simple imprisonment.

Challenging the impugned orders, learned counsel for the

petitioner submits that the learned courts below have committed

(2 of 3) [CRLR-104/2023]

grave illegality while sentencing and convicting the petitioner. It is

also submitted that before the appellate court, the matter was

argued on merit but the appellate court without considering the

arguments, upheld the conviction and granted benefit of probation

to the petitioner.

Heard learned counsel for the parties and perused the

impugned judgments.

A perusal of the judgment dated 04.01.2023 passed by the

appellate court, particularly para no.7 thereof, it is clear that a

prayer on behalf of the petitioner was made that she may be given

the benefit of probation as per the Probation of Offenders Act and

she has not challenged the impugned judgment of conviction.

In view of the above, the petitioner now cannot challenge the

impugned order dated 04.01.2023 on its merit in the present

criminal revision petition.

At this stage, learned counsel for the petitioner submits that

though the learned appellate court has granted benefit of Section

4 & 5 of the Probation of Offenders Act to the petitioner and has

also directed the petitioner to deposit a sum of Rs.25,000/- as

cost of proceedings within a period of one month from the date of

order, but the petitioner is unable to deposit the aforesaid amount

of Rs.25,000/- within a period of one month. Therefore, it is

prayed that the petitioner may be permitted to deposit the

aforesaid sum of Rs.25,000/- within three months instead of one

month.

In view of the limited prayer of learned counsel for the

petitioner, the present revision petition is disposed of with liberty

to the petitioner to deposit the amount of Rs.25,000/- within a

(3 of 3) [CRLR-104/2023]

period of three months instead of one month. In case the

petitioner fails to deposit Rs.25,000/- the order passed by the

learned appellate court granting the benefit of probation shall

cease to operate and the petitioner shall be sentenced for the

offence.

(MADAN GOPAL VYAS),J 128-nidhi/-

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