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1999 DIGILAW 646 (RAJ)

Vijay Singh v. State of Rajasthan

1999-05-11

ARUN MADAN

body1999
JUDGMENT 1. - The accused was convicted for offence punishable under Section 4 of the Rajasthan Gambling Ordinance and sentenced to fine of Rs. 200/- by Additional Sessions Judge/Judicial Magistrate No. 1, Behror, district Alwar in Criminal Case No. 75/88. 2. Learned counsel for the petitioners has not advanced any arguments which would justify interference by this Court as regards the sustainability of the impugned orders dated 16.11.1991 of the trial Court as well as the appellate order dated 18.6.1998, passed by Additional Sessions Judge, Behror, by which the appellate court upheld the order of the trial court. On to the sentence it has been contended by learned counsel for the petitioners that the petitioners are Govt. servants and if the fine is not condoned, their service career may be adversely affected by order dated 22nd April, 1999. Looking to the aforesaid request of the petitioner's counsel, this Court had directed that some satisfactory evidence be furnished with regard to the petitioners' being Government servants. I find no justification for extending the time in this regard. On the merits of the case, I do not find any justification to interfere with the finding of the trial court as well as of the appellate court but however, in the interest of justice and having regard to the fact that the service career of the accused petitioners may not be affected, I direct that the impugned order of the trial Court imposing fine of Rs. 200/- for commission of offence under Section 4 of the Rajasthan Public Gambling Ordinance and which has been confirmed by the Appellate Court, shall not come in the way of the petitioners nor it shall tantamount to prejudice the service career of the petitioners. 3. With the above observations, the revision petition is disposed of.Revision disposed of as above. *******