KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-petitioner was granted benefit of the provisions of the Probation of Offenders Act while disposing of the case on 1st July, 1988 by the learned Additional Sessions Judge, Sikar and he was granted one months time for executing bond. Petitioner could not execute the bond by 1/8/1988 and therefore, warrant of arrest was issued against him. He came to be arrested on 15th April, 1988 and since then he has been in jail. THE petitioner's grievance is that there was misunderstanding inasmuch as when order granting probation was passed by the Court, he gathered an impression that he has been acquitted because he was released immediately from the Court. He did not understand the implication as it was not made to understand to him fully by learned counsel appearing on his side. He has now approached this Court that inherent powers of the Court should be invoked in order to secure the ends of justice and the trial Court may be directed to accept the bond and release him on probation in terms of the order dated 1/7/1988. Learned counsel submits that he did not move any application before learned Sessions Judge, Sikar because it would have amounted to review of the order which is not permissible by the Code of Criminal Procedure. Learned P.P. has no objection in extending the period.

(2.) LOOKING to the facts and circumstances of the case that the accused is a villager and there are chances of his bona fide misunderstanding for which he could not execute the bonds else there would have been no reason whatsoever for not complying with the order of the Court. It could not have been choice of the accused to prefer jail as against executing a bond. Therefore, considering it to be a sufficient cause for condoning the delay, I hereby condone the delay and direct that in the event of executing the bond in terms of the order passed by learned AddI. Sessions Judge, Sikar dated 1/7/1988, accused KaJyan Singh shall be released forthwith. Petition allowed.