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2018 DIGILAW 184 (GUJ)

MUKESH @ MUNNO MANSUKHBHAI HANDA v. STATE OF GUJARAT

2018-01-19

RAJESH H.SHUKLA

body2018
JUDGMENT : 1. In view of the order passed earlier dated 18.11.2017 in Criminal Appeal No.1245 of 2016, where the Court, after considering the background of the facts and the rival submissions, had ordered to call for the report of the Probation Officer. 2. Therefore, learned APP Ms.Punani has placed on record the report of the Probation Officer, which records positively about the conduct of the appellant accused. 3. Moreover having regard to other reasons as stated, the benefit under the Probation of Offenders Act deserves to be extended. Therefore, having regard to the facts and circumstances, keeping in mind the provision of the Probation of Offenders Act, such benefit is extended. 4. Therefore the impugned judgment and order recording conviction is maintained and confirmed. However, the appellant accused is granted benefit under the Probation of Offenders Act as provided under Section 4 of the Act read with Section 361 of the Code of Criminal Procedure. The appellant accused is ordered to be released on probation of good conduct, subject to executing bond of Rs.10,000/( Rupees Ten thousand only) for good moral conduct with one Surety of Rs.10,000/( Rupees Ten thousand only) or like amount, failing which the Court below shall issue nonbailable warrant of arrest against the appellant accused to serve the sentence imposed by the learned Court below. The order of substantive sentence imposed on appellant accused shall remain under suspension till the period of bond i.e. for a period of two years and if there is any breach of condition of the bond executed under Section 4 of the Probation of Offenders Act, the learned Court below shall have the opportunity to issue nonbailable warrant against the appellant accused for serving the sentence imposed against him. The present appeal therefore stands allowed to the aforesaid extent. 5. In view of the above order, Criminal Appeal No.1343 of 2016 filed by the State challenging the acquittal for the offence under the Indian Penal Code as well as under the POCSO stands dismissed. Liberty is reserved to move in case of difficulty.