Nema Ram vs State Of Rajasthan ...
2023 Latest Caselaw 7250 Raj

[2023:RJ-JD:30048]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 512/2023

Nema Ram S/o Hari Ram, Aged About 36 Years, B/c Patel R/o Heerkheda Nandwan Tehsil Luni Dist. Jodhpur

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

----Respondent

For Petitioner(s) : Mr. N.K. Bohra For Respondent(s) : Mr. M. Khan, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order 14/09/2023

1. By way of filing the instant criminal revision petition, a

challenge has been made to the order dated 22.12.2022 passed

by the learned Additional Sessions Judge No.5, Jodhpur

Metropolitan, Jodhpur in Criminal Appeal No.156/2022 whereby

the judgment of conviction dated 13.05.2022 passed by the

learned Metropolitan Magistrate No.7, Jodhpur Metropolitan,

Jodhpur in Criminal Regular Case No.68/2016 (N.C.V.

No.2519/2016) against the petitioner has been affirmed and the

appeal filed by him has been dismissed.

2. Bereft of elaborate details, the facts of the case are that the

petitioner was prosecuted for having a pistol with him, for which,

he was having no license to posses. After a rigorous trial, he was

found guilty and, thus, sentenced to suffer two years' simple

imprisonment alongwith a fine of Rs.2,000/- and in default of

payment of fine, he was supposed to undergo further one month's

simple imprisonment. The appeal filed against the judgment of

conviction has also been dismissed, hence, the instant revision

petition.

3. Shri Neel Kamal Bohra, learned counsel for the petitioner, at

the outset does not press the appeal on the point of conviction

[2023:RJ-JD:30048] (2 of 3) [CRLR-512/2023]

rather seeks benevolence of this Court on the point of sentence by

contending that it was the first offence of the petitioner and he

was never tried or convicted. He was a young boy at the time of

commission of the crime. No one got damaged by the act of the

accused. He belongs to a backward class and hails from a remote

village in western Rajasthan. The facts and circumstances of the

case as well as the age, character and the circumstances of family

are not such so as to disentitle him to be released on probation. It

is further submitted that while adopting the reformative aspect of

sentencing, the provision of Section 360 of Cr.P.C. has been made

along with a statute on the subject, named, Probation of Offenders

Act.

4. Heard.

5. For the purpose of satisfaction, I have gone through the

niceties of the matter, but found nothing which may persuade this

Court to interfere in the well reasoned judgment of conviction,

thus, the finding of guilt arrived at by the learned Court of first

instance as well as of the Court of Appeal are affirmed and the

instant revision petition to the extent it relates to judgment of

conviction is dismissed.

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

refuted by the learned Public Prosecutor and there is nothing on

record to show any criminal antecedent of the petitioner. He is a

young boy, belonging to a backward class community and hails

from a remote village of western Rajasthan. There is no bar to

extend the benefit of probation to the petitioner in a case where

the total sentence is not more than two years and the maximum

[2023:RJ-JD:30048] (3 of 3) [CRLR-512/2023]

punishment which could be awarded is not more than three years,

therefore, this Court is inclined to extend the benefit of probation.

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

judgment of conviction and sentence dated 13.05.2022 passed by

the learned Additional Session Judge No.5, Jodhpur Metropolitan,

Jodhpur in Original Criminal Case No.68/2016 is maintained.

However, the order of sentence stands modified in the manner

that the petitioner is 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 his furnishing personal bond

in the sum of Rs.5,000/- with one surety in the like amount, for a

period of one year 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 one year

from the date of his entering into such bond, he would have to

suffer the rest of the sentence. The bonds be furnished before the

learned trial Court. The amount of fine i.e. Rs.2000/- as imposed

by the trial Court shall be deposited by him within a period of 30

days from the date of this order. His bail bonds are discharged.

8. All pending applications, including suspension of sentence

application, if any, are also stand disposed of.

9. Accordingly, the revision petition is allowed in part. A copy of

this order be sent to the learned trial Court for compliance.

10. Record of the courts below be sent back.

(FARJAND ALI),J 236-divya/-

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