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1989 DIGILAW 90 (RAJ)

Ram Pratap v. State Of Rajasthan

1989-02-02

G.K.SHARMA

body1989
JUDGMENT 1. - Admit. A notice was given to the learned Public Prosecutor. With the consent of both the learned Counsel, this revision petition is being disposed at this stage. 2. The petitioner was prosecuted for offence under Section 25(1)(a) of the Indian Arms Act, and after trial, the learned Magistrate found him guilty of the said offence, and sentenced him to 6 months' RI and a fine of L 300/-, and in default of payment of fine, to further undergo one month's RI. 3. The learned Counsel for the petitioner bid not argue on the merits of the case, but only submitted that this was the first offence of the petitioner, and that without any bad intention and only to get himself secured, the petitioner had kept this revolver with him. He also submitted that the petitioner has already been in jail for 12 days, and he prayed that benefit of being released on probation may be granted to the petitioner. 4. The learned Public Prosecutor objected to the prayer of the learned Counsel for the petitioner, and submitted that keeping a revolver without a proper licence, is a serious offence and that such persons should not be shown any leniency. 5. Considered the arguments and perused the judgment of the trial court. I find that there is nothing on the record about the previous conduct of the petitioner which may debar him from being granted the benefit of probation. This was the first offence of the petitioner, and he has already been in jail for 12 days. So, I feel it justified to grant the benefit of probation to the petitioner. 6. Consequently, the revision petition is partly accepted. The conviction of the petitioner under Section 25(1)(a) of the indian Arms Act, is maintained, but instead of sending him to jail, it is directed that he be released on probation on his furnishing a personal bond in the sum of L 5,000/-together with one surety in the same amount, to the satisfaction of the Judicial Magistrate No. 1, Hanumangarh, for keeping peace and being of good behaviour and not to repeat such an offence, for a period of two years. 7. The revolver alleged to have been recovered from the possession of the petitioner, is confiscated to the State Government.Revision partly allowed. *******