SHAMBHU SHARMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing the last portion of order dated 02.08.2013 passed by Railway Judicial Magistrate, Daltonganj in R.P.F./Post/Patratu Case No. 18/02, whereby learned court below sentenced the petitioner to undergo R.I. for Six months for the offence under section 3(a) of the R.P. (U.P.) Act. It appears that petitioner filed application under section 265(B) of the Cr.P.C. for plea -bargaining. It further appears that after following the procedure, a report prepared under section 265(D) and as per said report petitioner agreed to compensate respondent by giving Rs. 12,000/ -. It appears that petitioner paid the aforesaid amount to the railway authority. It then appears that learned court below convicted the applicant and sentenced him to undergo R.I. for Six months, because one of the co -accused, who faced the trial, has been sentenced to undergo R.I. for two years. Against the said order, present application filed.

(2.) IT is submitted by Sri A.K. Chaturvedi, learned counsel for the petitioner that before sentencing the petitioner to undergo R.I. for Six months, learned court below had not considered as to whether petitioner is entitled to be released either under the provision of Probation of Offenders Act or under section 360 of the Cr.P.C. as provided under section 265(E)(a) and (b) of the Cr.P.C.

(3.) HAVING heard learned counsel for the parties, I have gone through the records of the case.