Leeladhar vs State Of Rajasthan ...
2023 Latest Caselaw 7897 Raj

[2023:RJ-JD:32820]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1279/2023

Leeladhar S/o Shri Sajanram, Aged About 42 Years, B/c Jat R/o Ward No. 20 Anoopgarh Tehsil Anoopgarh Dist. Sri Ganganagar Raj. Presently Lodged In Sub Jail Anoopgarh

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

----Respondent

For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order

04/10/2023

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

made to the order dated 12.09.2023 passed by learned Additional

Sessions Judge No.1, Anoopgarh District Shri Ganganagar in

Criminal Appeal No.103/2016.

2. Sworn of the liberate details successively stated the facts of

the case that the petitioner tried for the accusation for committing

offence under Section 279 & 338 of IPC and vide judgment dated

29.11.2016, he convicted and sentenced to suffer imprisonment.

3. Aggrieved by the judgment of conviction, the petitioner

preferred an appeal being Criminal Appeal No.103/2016 vide

judgment dated 12.09.2023, the learned court of appellate though

maintained the judgment of conviction but took a lenient view and

reduced his sentence. He was directed to extend the benefit of

probation. There was a stipulation in the order dated 12.09.2023

that the petitioner was required to execute the probation bond

within seven days from the said order however the petitioner

failed to do so. It is contended that after expiry of two or three

[2023:RJ-JD:32820] (2 of 2) [CRLR-1279/2023]

days, he appeared before the court of appellate and moved an

application for releasing as well as prayed for acceptance of the

bonds as directed by the trial Court vide order dated 12.09.2023.

The learned court of appellate rejected his prayer and he has been

taken in custody to serve the sentence as inflicted upon him by

the learned Magistrate vide judgment dated 19.11.2016.

4. Heard both the parties and perused the judgment impugned

as well as the judgment dated 29.11.2016.

5. Considering inevitable and unavoidable circumstances of the

case, he was prevented to appear before the court of appellate on

due date, I deem it appropriate to exceed to the prayer made in

the petition.

6. The petitioner is directed to be released on probation as

directed by the learned Additional Sessions Judge No.1,

Anoopgarh, District Sri Ganganagar vide order dated 12.09.2023,

his default in making non compliance of the order of the court of

appeal is condoned. The learned court of appeal is directed to

release him on probation upon execution of bonds as per its

direction vide order dated 12.09.2023.

7. Accordingly, the instant revision petition is allowed.

(FARJAND ALI),J 119-Samvedana/-

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