RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. application under Section 412, Code of Criminal Procedure, 1973, (Cr.PC) has been filed with this prayer the the order dated October 5, 1987 passed by the Judicial Magistrate No. 9, Jaipur City, Jaipur, may be quashed.

(2.) BRIEF facts giving rise to this misc. petition are that the petitioner Ramchandra, was convicted and sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 500/ - by the Munsif and Judicial Magistrate No. 9, Jaipur City, Jaipur, for the offence under the Rajasthan Excise Act; against which the petitioner filed appeal in the Court of the Additional Sessions Judge No. 2, Jaipur City Jaipur, who vide his judgment dated March 24, 1984 allowed the appeal giving the petitioner benefit of probation and, ordered that the petitioner be released on probation on his furnishing a surety of Rs. 3,000/ - with personal bond in the like amount for keeping peace and good conduct for a period of one year. The petitioner was granted fifteen days' time to file the aforesaid bonds with the direction that in case the petitioner fails to furnish the required bonds within the granted time then he would have to undergo the sentence passed by the trial court. The petitioner failed to furnish surety with bond in the Court within the stipulated time. Therefore, the learned Magistrate ordered to issue warrant of arrest against the petitioner. The last arrest warrant was issued on September 4, 1987 by the Magistrate and in compliance to that the petitioner was arrested and produced before the lower Court on October 15, 1987. The learned Magistrate then passed the impugned order and directed that the petitioner be sent to jail to undergo the sentence passed by the the court.

(3.) AS said earlier, while partly allowing the appeal of the petitioner against his conviction and sentence, the learned Additional Sessions Judge vide his judgment dated March 24, 1984, in the facts and circumstances of the case, felt it justified to give the petitioner benefit of probation under Section 4 of the Probation of Offenders Act, 1958, (for short, the 'Act of 1958').