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2014 DIGILAW 2117 (RAJ)

Ramchandra v. State of Rajasthan

2014-12-15

GOPAL KRISHAN VYAS

body2014
JUDGMENT 1. - The instant revision petition has been filed by the petitioner under Section 397 read with Section 401 IPC against the judgment dated 24.6.2014 passed by the learned Addl. Sessions Judge No.2, Bhilwara in Cr. Appeal NO.13/2014 (37/2014) whereby the appeal filed by the petitioner against the conviction and sentence passed against him vide order dated 21.1.2014 by the learned Addl. Chief Judicial Magistrate, Mandalgarh, District Bhilwara in Cr. Regular Case No.475/2012 was affirmed. The learned trial court convicted the petitioner for offence under Section 411 IPC and passed sentence for one year SI with fine of Rs. 1000/- and in default of payment of fine to further undergo one month SI. 2. The learned counsel for the petitioner submits that an FIR no.187/2012 was registered for offence under Section 379 IPC upon complaint filed by complainant Kailash Chandra on 13.9.2012 with the allegation that on 7.7.2012 at about 3.00 p.m. his motor cycle was standing near Baba Ramdeo Temple and said motor cycle was not found when complainant come back from the temple and after searching the same, the complainant filed the aforesaid complaint. 3. The vehicle RJ-06-SA-5536 was recovered and accused Shyam Lal and Ram Chandra (present petitioner) was prosecuted by the learned trial court after filing challan by the police and finally, the learned trial court convicted Shyam Lal for offence under Section 379 IPC and passed sentence for one year SI with fine of Rs. 1000/- and petitioner was convicted for offence under Section 411 IPC and sentence of one year SI was passed against him with fine of Rs. 1000/-. 4. The learned trial court passed the aforesaid judgment on 21.1.2014 against which an appeal was preferred, but the learned Addl. Sessions Judge No.2, Bhilwara dismissed the appeal no.13/2014 filed by the petitioner and Shyam Lal vide judgment dated 24.6.2014. 5. The learned counsel for the petitioner submits that petitioner is not challenging the conviction but prayed that petitioner is convicted only under Section 411 IPC, therefore, both the courts below were required to give benefit of probation under Section 360 Cr.P.C. because no previous incident is reported against the petitioner, therefore, this revision petition may kindly be accepted because the petitioner is in judicial custody from last nearabout one month while granting benefit of Probation of Offenders Act. 6. 6. In support of his arguments, the learned counsel for the petitioner invited my attention towards the judgment of this court passed in S.B. Cr. Revision Petition No.416/1997 : Rakesh Kumar v. State of Rajasthan, decided on 12.4.2014 in which the accused was punished under Section 411 IPC and he was granted benefit of probation. The learned counsel for the petitioner submits that petitioner is entitled for benefit under the Probation of Offenders Act being first offender. 7. The learned Public Prosecutor vehemently opposed the prayer and submits that petitioner is not entitled for any relaxation for grant of probation in view of the fact that he has been held guilty for offence under Section 411 IPC, therefore, this petition may be dismissed. 8. After hearing the learned counsel for the parties I am of the opinion that the petitioner has been convicted for offence under Section 411 IPC only and sentence of one year SI has been passed and no previous incident is reported and petitioner is in judicial custody from last few days. 9. In view of the above, the instant revision petition is hereby partly allowed and it is held that accused petitioner Ram Chandra is entitled for the benefit of probation. Consequently, the sentence awarded to the petitioner for offence under Section 411 IPC is hereby quashed while maintaining the conviction and it is ordered that accused petitioner Ram Chandra may be released on probation provided he submits 2 sureties of Rs. 10,000/- each and a personal bond of Rs. 20,000/- under Section 4 of the Probation of Offenders Act, 1958 for a period of 2 years before the learned trial court and upon furnishing those bail bonds, he may be released within a period of 2 weeks from the date of receiving certified copy of this order and if he fails to furnish the sureties and bond before the learned trial court then he will suffer the sentence passed by the learned trial court, which is affirmed by the appellate court.Revision Partly Allowed. *******