[Cites 8, Cited by 0]
Rajasthan High Court - Jodhpur
Vikas Bijarnia Alias Dhanna vs State Of Rajasthan (2026:Rj-Jd:10241) on 25 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:10241]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 324/2026
Vikas Bijarnia Alias Dhanna S/o Narayan Ram, Aged About 26
Years, Resident Of Village Baldu, P.s. Ladnun, District Deedwana-
Kuchaman (Lodged In Dist. Jail, Deedwana)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.R. Chahar
For Respondent(s) : Mr. N.S. Chandawat, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/02/2026
1. The instant criminal revision petition under Sections 397/401
CrPC has been preferred by the petitioner being aggrieved of the
judgment dated 23.02.2026 passed by the learned Additional
Sessions Judge, Deedwana in Criminal Appeal No.66/2019,
whereby the learned appellate court affirmed the judgment of
conviction and sentence dated 07.06.2019 passed by the learned
Additional Chief Judicial Magistrate, Deedwana in Criminal Regular
Case No.15/2016, whereby the petitioner was convicted for the
offences under Sections 19/54 and 14/57 of the Rajasthan Excise
Act, 1950 and sentenced to undergo three years' simple
imprisonment along with fine of Rs.20,000/- for each offence with
default stipulation, and it was ordered that the sentences shall run
concurrently.
(Uploaded on 25/02/2026 at 04:13:58 PM)
[2026:RJ-JD:10241] (2 of 6) [CRLR-324/2026]
2. Bereft of elaborate details, the facts relevant and essential
for disposal of the instant criminal revision are that on
27.01.2015, on the basis of secret information, the Excise
Inspector along with excise staff conducted a raid at an
agricultural field situated at village Baldu. Upon search of a hut
situated in the field, 49 cartons of liquor were recovered. On
verification, it was found that 31 cartons contained 1488 quarters
of Episode Grain Whisky, 9 cartons contained 432 quarters of
McDowell No.1 and 9 cartons contained 432 quarters of Impact
Grain Whisky. Samples were taken and seizure memo was
prepared. The petitioner was found present at the spot and was
arrested. After usual investigation, charge-sheet was filed for the
offences under Sections 19/54 and 14/57 of the Rajasthan Excise
Act.
3. The learned trial court framed charges against the petitioner
for the aforesaid offences and upon denial of guilt by him,
commenced the trial. During the course of trial, the prosecution
examined its witnesses and exhibited relevant documents. The
accused, in his statement under Section 313 CrPC, denied the
allegations and claimed innocence. No defence evidence was
adduced. After hearing both sides and upon appreciation of the
evidence, the learned trial court convicted and sentenced the
petitioner vide judgment dated 07.06.2019.
4. Aggrieved by the judgment of conviction and sentence, the
petitioner preferred an appeal, which came to be dismissed by the
learned appellate court vide judgment dated 23.02.2026 affirming
(Uploaded on 25/02/2026 at 04:13:58 PM)
[2026:RJ-JD:10241] (3 of 6) [CRLR-324/2026]
the findings recorded by the learned trial court. Hence, the
present revision petition.
5. After arguing the case on merits to some extent, learned
counsel for the petitioner does not wish to press the present
revision petition in respect of the judgment of conviction passed
by the learned trial court and affirmed by the learned appellate
court and prefers to make submissions on the point of sentence
only. He submits that the petitioner is a poor person belonging to
a rural background and is sole bread earner of the family. No
adverse remark has been passed over his conduct except the
impugned judgment. He is facing the agony of criminal
proceedings since the year 2015 and is presently in custody after
passing of the judgment by the learned appellate court. It is
submitted that the case is old; the petitioner has already suffered
incarceration during trial and now after dismissal of appeal and,
therefore, a lenient view may be taken in the matter of sentence.
It is prayed that instead of sending him to undergo the remaining
sentence, he may be extended the benefit of a reformative
approach in accordance with law.
6. Learned Public Prosecutor though opposed the submissions
made on behalf of the petitioner but does not refute the fact that
the case pertains to the year 2015 and that the petitioner is
presently behind the bars after affirmation of conviction by the
learned appellate court.
7. Since the revision petition against conviction is not pressed
and after perusing the material available on record, nothing is
(Uploaded on 25/02/2026 at 04:13:58 PM)
[2026:RJ-JD:10241] (4 of 6) [CRLR-324/2026]
noticed which requires interference in the finding of guilt reached
by the learned trial court and affirmed by the learned appellate
court, this Court does not wish to interfere in the judgment of
conviction. Accordingly, the judgment of conviction is maintained.
8. As far as the question of quantum of sentence is concerned,
it is worthwhile to note that :
(1) At the relevant time of the incident, the petitioner was a young
boy aged about 19 years; he is the sole bread earner of his family
and his continued incarceration would cause undue hardship to his
dependents;
(2) The case involves the offences under Sections 19/54 and
14/57 of the Rajasthan Excise Act, 1950 relating to recovery of
liquor without licence or permit;
(3) It was the first criminal case registered against the petitioner
and there is nothing on record to show that he has any criminal
antecedents;
(4) The occurrence pertains to the year 2015 and the petitioner
has faced the ordeal of criminal proceedings for more than a
decade;
(5) The petitioner is presently in custody after affirmation of
conviction by the learned appellate court and there is no report
regarding any untoward conduct on his part during the period of
custody.
9. In the peculiar facts and circumstances of the case and
considering the aforementioned mitigating circumstances, this
(Uploaded on 25/02/2026 at 04:13:58 PM)
[2026:RJ-JD:10241] (5 of 6) [CRLR-324/2026]
Court is of the considered opinion that a reformative approach
should be adopted in the present case. Thus, this Court while
taking a lenient view towards the petitioner, thinks it fit that
instead of sentencing him at once to undergo the remaining
substantive sentence, he should be released under Section 4 of
the Probation of Offenders Act, 1958.
10. Accordingly, the revision petition is allowed in part. The
judgment of conviction dated 07.06.2019 passed by the learned
Additional Chief Judicial Magistrate, Deedwana in Criminal Regular
Case No.15/2016 as well as the judgment in appeal dated
23.02.2026 passed by the learned Additional Sessions Judge,
Deedwana in Criminal Appeal No.66/2019 are affirmed. However,
the order of sentence stands modified in the manner that the
petitioner is ordered to be released from prison forthwith on
probation under Section 4 of the Probation of Offenders Act, 1958
upon his furnishing a personal bond in the sum of Rs.25,000/-
with one surety in the like amount for a period of two years 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.
11. The petitioner shall furnish the requisite bonds before the
learned trial Court, i.e. Additional Chief Judicial Magistrate,
Deedwana, within a period of 15 days from the date of his release.
The amount of fine as imposed by the learned trial Court shall be
(Uploaded on 25/02/2026 at 04:13:58 PM)
[2026:RJ-JD:10241] (6 of 6) [CRLR-324/2026]
deposited by the petitioner, if not already deposited, within a
period of 90 days from the date of this order.
12. The petitioner is in custody. He shall be released forthwith, if
not wanted in any other case. The Deputy Registrar (Judicial) of
this Court is directed to intimate the concerned Jail Authorities
through radiogram for ensuring compliance of this order forthwith.
13. The application seeking suspension of sentence and all other
pending applications, if any, stand disposed of.
(FARJAND ALI),J
183-Pramod/-
(Uploaded on 25/02/2026 at 04:13:58 PM)
Powered by TCPDF (www.tcpdf.org)
