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Rajasthan High Court · body

1991 DIGILAW 987 (RAJ)

Fakroodeen v. State

1991-12-18

R.S.VERMA

body1991
JUDGMENT 1. - The revision petition has been found guilty of offence under sections 304A, 337, IPC and has been sentenced to undergo R.I. for one year for offence under section 304A, IPC and to pay a fine of Rs. 200/- and in default to undergo R.I. for one month & three month's R.I. for offence under section 337, IPC. A prayer was made for release of the petitioner on probation of good conduct before the learned Sessions Judge, Balotra but the learned Sessions Judge declined to release the petitioner on probation of good conduct on the ground that on the day of the commission of the offence the age of the petitioner was 24 years. 2. The learned counsel for the petitioner urges that this was the first offence of the petitioner. The petitioner is not a previous convict. The petitioner is also not a habitual offender. He submits that in these circumstances refusal of probation on the ground that the age of the petitioner was 24 years is unjust. He, therefore, submits that the petitioner may be released on probation of good conduct. He does not challenge the conviction of the petitioner. 3. The learned P.P. opposes the petition and submits that the petitioner was 24 years of age on the date of the incident and, therefore, he should not be enlarged on bail. 4. I have considered the rival contentions. The incident took place on 26-2-1979. We are now at the fag end of the year 1991 and entering the year 1992. The petitioner is not a previous convict. It is not alleged that he was a habitual offender. It is a rash act of the petitioner which J has resulted in the unfortunate offence. I am of the opinion that it is a fit J case where petitioner may be released on probation of good conduct. The fact that petitioner had crossed the age of 21 years and was 24 years of age was rot very much germane. No other point was urged before me. 5. I accept this revision petition maintain the conviction of the petitioner for offence under sections 304A and 337, IPC but direct that in lieu of being sentenced, the petitioner be released on probation of good conduct provided he furnishes a personal bond in a sum of Rs. No other point was urged before me. 5. I accept this revision petition maintain the conviction of the petitioner for offence under sections 304A and 337, IPC but direct that in lieu of being sentenced, the petitioner be released on probation of good conduct provided he furnishes a personal bond in a sum of Rs. 2000/- and a surety bond in a like sum to the satisfaction of the learned Munsif & Judicial Magistrate, Balotra binding the petitioner to keep the peace and to be of good behaviour within a period of two years and to appear & receive sentence within the aforesaid period whenever called upon to do so. A further stipulation shall be entered that the petitioner shall not commit any offence during the aforesaid period. Two months time is granted to furnish bonds. 6. The revision petition is disposed of, accordingly.Order accordingly. *******