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2002 DIGILAW 1047 (RAJ)

Ram Narayan v. State of Rajasthan

2002-05-22

ASHOK PARIHAR

body2002
JUDGMENT 1. - On country made revolver with certain cartridge alleged to have been recovered from the field of the accused- petitioner on 13.6.1995. A case under Section 3/25 of the Arms Act was registered against him. 2. The trial court, while convicting the accused- petitioner for the above offence, awarded sentence of the one year Simple Imprisonment with Rs. 200/- as fine vide order dated 7.12.2000. Though an appeal has been filed against the order of conviction, however, the same was also dismissed by the appellant court vide order dated 5.11.2001. Both the orders, passed by the courts below, are under challenge in the present revision petition. 3. After hearing learned counsel for the parties, I have carefully gone through the orders impugned and also the record of the trial court. 4. Taking into consideration the entire facts and circumstances of the present case, since no adverse antecedents have been brought on record against the petitioner, in my opinion, the interest of justice would meet if the petitioner is given benefit under the Probation of Offenders Act in the present matter. 5. Accordingly, the revision petition is partly allowed. While maintaining the conviction of the accused petitioner, recorded by the trial court, it is directed that instead of sentencing him to any further punishment, he be released on probation on his entering into personal bond in the sum of Rs. 10,000/- with one sound and solvent security in the like amount to the satisfaction of the trial court to appear and receive the sentence when called upon during the period of one year from today and in the meantime to keep peace and be of good behavior. The petitioner shall also give an undertaking that during the said period, he shall not commit any offence punishable under the Arms Act. The seized country made revolver alongwith the cartridge stands confiscated to the State. The record be sent back immediately.Revision partly allowed. *******