Devi Singh vs State And Ors (2024:Rj-Jd:24702)
2024 Latest Caselaw 4853 Raj

Rajasthan High Court - Jodhpur

Devi Singh vs State And Ors (2024:Rj-Jd:24702) on 29 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:24702]                     (1 of 2)                       [CRLR-374/2005]


        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
             S.B. Criminal Revision Petition No. 374/2005

Devi Singh S/o Shaitan Singh, aged about 43 years, resident of
Village Jhharia, Tehsil and District Churu
                                                                      ----Petitioner
                                      Versus
1. The State of Rajasthan, through Public Prosecutor.
2. Gopi Ram S/o Shri Arjun Ram
3. Rewant Singh S/o Keshri Singh
4. Hanuman Singh S/o Shri Ashu Singh
5. Sawant Singh S/o Shri Arjun Singh
6. Mahendra Singh S/o Shri Magej Singh
7. Bhanwar Singh S/o Shri Keshri Singh
     All resident of Village Beenasar, Tehsil and District Churu
                                                                   ----Respondents


For Petitioner(s)           :     Mr. DL Mothsra
For Respondent(s)           :     Mr. Mohd. Javed Gauri, Dy.G.A.
                                  Mr. Hitendra Singh



                HON'BLE MR. JUSTICE FARJAND ALI

Order

29/05/2024

1. What is emanating from the record is that the accused

respondents were tried for committing an offence under Sections

148, 323, 324 and 325 read with Section 149 of IPC and after a

rigorous trial, vide judgment dated 04.07.2001 they were

convicted and sentenced. Being aggrieved by the Judgment of

conviction and order of sentence, the accused respondents

preferred an appeal under Section 374 Cr.P.C. being appeal

No.12/2002. Vide judgment dated 24.02.2023 the learned court of

appeal though maintained the judgment of conviction passed by

[2024:RJ-JD:24702] (2 of 2) [CRLR-374/2005]

the learned trial court but modified the order of sentence and

directed that the benefit of probation be given to the accused.

2. After hearing for the counsel for the parties, this Court feels

that an absolute authority has been conferred upon a criminal

court to extend the benefit of probation if a case falls within the

category of either under Section 360 of Cr.P.C. or Section of 4 of

the Probation of Offenders Act. The requisites before extending

the benefit of probation are the circumstances of the case,

circumstance under which the offence was committed, the age of

the accused, social background, the character and previous

antecedents of a convict. The above things have been duly

considered by learned Session Judge. I am of the view that no

error has been committed in extending the benefit of probation to

the petitioner.

3. There is no force in the instant criminal revision petition.

Accordingly, the same is dismissed. The record be sent back.

(FARJAND ALI),J 23-chhavi/-

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