ABDUL RASHID Vs. STATE OF RAJ. AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this petition Under section 482, Code Criminal Procedure against the order dated 27.7.93 passed Under section 9(3) of Probation of Offenders Act, 1958 by the learned Additional Chief Judicial Magistrate No. 7, Jaipur City, whereby he held that the accused non-petitioners have violated the terms and conditions' of probation bonds executed by them and imposed upon each one of them a penalty of Rs. 50.00. The petitioner is son of complainant Mohd. Rafiq.

(2.) Briefly, the relevant facts are that on the report of Mohd. Rafiq, the father of the petitioners in respect of an incident, which took place on 12.07.84, a criminal case was registered at police station Vidhayak puri, Jaipur, against accused non-petitioner Nos. 2 & 3 Sharif Mohd. & Nasir Mohd. and five others and after investigation a challan was filed against them in the Court of learned Judicial Magistrate No. 4, Jaipur City. The learned Magistrate after trial by his judgment dated 14.2 85 convicted them for offences Under sections 147, 323, 324/149 Indian Penal Code but instead of sentencing them, released each of them Under section 4(1) of the Act, 1958 on their furnishing personal and surety bonds of Rs. 2,000.00 each for keeping peace and be of good behaviour for a period of two years. The learned Additional Sessions Judge Jaipur City vide his judgment dated 22.11.85 rejected the appeal filed by the accused non-petitioners and maintained their conviction

(3.) It appears that during the continuance of the period of probation bonds executed by the accused non-petitioner nos. 2 & 3, on 28.2.85 they assaulted Mohd. Rafiq in court premises at Jaipur, for which a criminal case was registered at police station Sadar (Jaipur) and after investigation a challan Under sections 341, 323 Indian Penal Code as filed against them in the court. After trial the learned Magistrate found the accused non-petitioner Nos. 2 & 3 guilty for the said offences by his judgment and sentenced them. The learned Additional Sessions Judge, Jaipur City vide his judgment dated 27.7.89 maintained their conviction and sentence. This Court by its order dated 4.12.1990 also dismissed their revision petition and upheld their conviction but set aside the sentence of fine imposed upon them and released them off probation.