Citation : 2025 Latest Caselaw 2022 Raj
Judgement Date : 8 July, 2025
[2025:RJ-JD:29439]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 797/2025
Farid Mod. S/o Abdul Rehman, Aged About 49 Years, Resident Of
Near Majid, Kumbhanagar, Police Station Kotwali (Present Police
Station Sadar) Chittorgarh (Rja.) (Presently lodged in Central
Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Pp
----Respondent
For Petitioner(s) : Mr. Chandraveer Singh
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/07/2025
The matter comes up on an application under Section 5 of
the Limitation Act for condonation of delay in filing the revision
petition.
For reasons stated in the application, the same is allowed.
The delay in filing the revision petition is hereby condoned.
The revision petition is being heard and decided today itself.
Instant revision petition has been filed by the petitioner
against judgment and order dated 30.09.2024 passed by the
learned Additional Session Judge, Kapasan, District Chittorgarh in
Cr. Appeal No.05/2023 whereby, the learned appellate court partly
allowed the appeal and while maintaining the petitioner's
conviction for offences under Sections 454, 380 IPC, passed by
learned Judicial Magistrate, Rashmi, District Chittorgarh in Regular
Cr. Case No.101/2006, vide judgment dated 23.09.2016, set aside
his sentence and extended the benefit of Section 4 of Probation of
[2025:RJ-JD:29439] (2 of 2) [CRLR-797/2025]
Offenders Act to the petitioner. The petitioner was ordered to be
released on probation provided he furnishes a personal bond in
the sum of Rs.20,000/- and a surety bond of the like amount to
maintain peace and good behaviour for a period of two years. The
petitioner was also directed to deposit Rs.5,000/- under Section 5
of Probation of Offenders Act.
Learned counsel for the petitioner submits that being
indigent person, the petitioner could not comply with the order of
the appellate court dated 30.09.2024 and therefore, arrest
warrant was issued against the petitioner and now he has been in
custody since 28.05.2025. Counsel submits that now the
petitioner is ready to comply with the order of the appellant court.
In view of submissions made, it is ordered that if the
appellant complies with the order dated 30.09.2024 passed by the
learned Additional Session Judge, Kapasan, District Chittorgarh in
Cr. Appeal No.05/2023 whereby benefit of Section 4 of the Act was
extended, then the petitioner be released from the jail forthwith.
The revision petition is decided accordingly.
Stay application is also decided.
(MANOJ KUMAR GARG),J 118-MS/-
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