RAKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter relates to FIR No.139/1990 registered at Police Station Bhinmal District Jalore. The Additional Chief Judicial Magistrate, Bhinmal in criminal case No.1093/1992 titled as State v. Nena Ram and Anr. vide its judgment dated 16.05.1994 had convicted Nena Ram under section 457 and 380 of IPC, while Rakesh Kumar was convicted only for the offence under section 411 IPC. It appears that Nena Ram did not file any appeal against the said judgment but criminal appeal No.12/1994 filed by Rakesh Kumar was decided by the Sessions Judge, Jalore on 08.09.1997 whereby conviction and sentence passed against Rakesh Kumar by the trial court was upheld and thus, revision petitioner Rakesh Kumar has to suffer the sentence as follows:-

(2.) During the arguments in this criminal revision petition, the accused-petitioner Rakesh Kumar has not challenged his conviction and his prayer is limited only to the effect that being first offender, he should be given benefit of probation. It has also been argued that in this case, he has suffered a few days in Jail also.

(3.) In the circumstances of the case, the learned Public Prosecutor has also not opposed the prayer of the accused-petitioner and accordingly, this revision petition is accepted and it is hereby ordered that the accused-petitioner Rakesh Kumar will be entitled to the benefit of probation provided he submits two bail bonds of L 10,000/- each and a personal bond of L 20,000/- under section 4 of the Probation of Offenders Act, 1958 for a period of three years before the trial court. For this purpose, the accused-petitioner will have to appear on 20.5.2014 before the trial court at 07:30 AM. If he fails to appear by that date then the trial court will be entitled to make him suffer the sentence passed by the Sessions Judge, Jalore. The revision petition stands disposed of accordingly. The record of the courts below and the bail bonds executed by the accused-petitioner at the time of his suspension of sentence along with a copy of this judgment be sent to the concerned courts within three days.