Rakesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 6757 Raj

[2023:RJ-JD:28054]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1115/2023

Rakesh Kumar S/o Kalyan Singh, Aged About 35 Years, R/o Dhani Ranva, Police Station Dudhwakhara, District Churu. (At Present Lodged In District Jail, Churu)

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

----Respondent

For Petitioner(s) : Mr. S.K. Poonia For Respondent(s) : Mr. Abhishek Purohit AGA-cum-PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/09/2023

1. The legality, correctness and propriety of the judgment dated

24.08.2023 passed by the learned Sessions Judge, Churu in

Criminal Appeal No. 34/2021 as well as the judgment dated

01.10.2021 passed by the learned Chief Judicial Magistrate, Churu

in Criminal Original Case No.309/2010 have been challenged

whereby he was convicted under Section 19/54, 54A of the

Rajasthan Excise Act and sentenced to suffer six months simple

imprisonment along with a fine of Rs.20,000/- and in default of

payment of fine to further undergo one month's simple

imprisonment.

2. After arguing the matter to some extent, the learned counsel

for the petitioner pleads that he does not wish to press the

petition against the finding of guilt and seeks benevolence of this

Court on the point of sentence.

[2023:RJ-JD:28054] (2 of 3) [CRLR-1115/2023]

3. For the purpose of satisfaction, I have also gone through the

niceties of the case and the evidence brought on record and have

found nothing which may persuade this Court to interfere in the

well reasoned judgment of conviction, thus, the petition to the

extent of challenge against the conviction deserves to be

dismissed and accordingly, the finding of conviction reached by the

Court of first instance as well as by the Court of appeal is

maintained.

4. As far as the question of sentence is concerned, it is not in

dispute that the incident took place in the year 2009 and now,

almost 14 years have elapsed. As a matter of fact, it is the first

offence of the petitioner which is noticed by the learned Court

below. The sentence awarded to him is not beyond six months

simple imprisonment. The applicability of Section 360 Cr.P.C. as

well as Sections 3, 4, and 5 of the Probation of Offenders Act is

not under question, however, the learned trial Court as well as the

Court of appeal has not considered it in correct perspective as to

why the benefit of probation cannot be extended in his favour.

Factually, the liquor is neither spurious nor contaminated rather it

pertains to the Indian Made Foreign Liquor category and broadly, it

can be said that it is a case of tax evasion. The owner of the

liquor has not been arraigned as an accused. Who sent the liquor

and who was supposed to receive the same has not been

investigated. The petitioner has faced the rigor of trial and

underwent the course of appeal for long 14 years and he has

remained in jail during the course of investigation and for a few

days after the judgment of appeal. The circumstances of the

accused, his social and economical background and the nature and

[2023:RJ-JD:28054] (3 of 3) [CRLR-1115/2023]

gravity of the offence persuaded this Court to adopt a reformative

approach of sentencing and thus, this Court is of the opinion that

benefit of probation should be extended to him.

5. Accordingly, the Criminal Revision Petition is partly allowed.

The judgment of conviction dated 01.10.2021 passed by the

learned Chief Judicial Magistrate Churu in Criminal Original Case

No.309/2010 as well as judgment dated 24.08.2023 passed by the

learned Sessions Judge, Churu in Criminal Appeal No.34/2021 are

hereby maintained and the orders of sentence passed in the

judgments above stand modified. The petitioner is ordered to be

released on probation under Section 4 of the Probation of the

Offenders Act upon him furnishing personal bonds in the sum of

5,000/- with one surety in the like amount, for a period of six

months with an undertaking to 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

his entering into such bond. The bonds be furnished before the

learned trial Court i.e. Chief Judicial Magistrate, Churu. The

amount of fine i.e. Rs.20,000/- as imposed by the trial Court shall

be deposited by the petitioner within a period of 90 days from the

date of this order. He is in jail; he be released forthwith.

6. The revision petition as well as all pending applications, if

any, stand disposed of accordingly.

7. A copy of the order be sent to the trial Court for compliance.

(FARJAND ALI),J 182-Mamta/-

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