MANGEJA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Incident related to 24.06.1990 when a theft was allegedly committed by the accused-petitioners Mangeja Ram and Shiv Bhagwan from the bag of the complainant Nirmla Devi. Both the accused-petitioners at that time were on duty as employees in Railway Mall Service. A criminal case No. 393/1990 was registered in the court of Additional Chief Judicial Magistrate, Bikaner under Sec. 379 Penal Code and that Court decided the case on 02.05.1996 convicted them for 379 Penal Code and sentenced the accused-petitioners each by six months R1 with fine of INR 200.00 and in default of payment of fine each of the accused-petitioners was ordered to undergo further simple imprisonment for fifteen days. Thereafter, the accused-petitioners filed an appeal in the court of Special Judge, SC/ST Act Cases, Bikaner and there Criminal Appeal No. 42/1996 was decided on 30.06.1997 and conviction and sentence of both the accused-petitioners was upheld.

(2.) Now, this criminal revision petition has been filed by both the accused-petitioners. The matter is 24 years old and the petitioners are not contesting the revision petition on merits but their only prayer is regarding the sentence. It has been submitted on behalf of the accused- petitioners that they have remained in custody in this case for about ten days and in these circumstances of the case, it has been prayed that they should be given benefit of probation. The learned Public Prosecutor has also not seriously opposed the prayer of the accused-petitioners looking to the fact that the incident is very much old. in the circumstances of the case, the revision petition filed by the accused-petitioners is partially accepted and it is hereby ordered that if both the accused-petitioners submit a surety bond of INR 10,000.00 each and a personal bond of the same amount to the satisfaction of the trial court under section 4 of the Probation of Offenders Act, 1958 for a period of three years then both of them be released on probation under section 4 of the Probation of Offenders Act, 1958. it is also hereby clarified that both the accused-petitioners will be entitled to the benefit of section 12 of the Probation of Offenders Act as per the law and procedure. The record of the courts below be sent back along with two copies of this order Immediately. The revision petition stands disposed of accordingly. Revision disposed of.