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Shankaria Vs. State of Rajastaan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Revision No. 267 of 1983
Judge
Reported in1983WLN(UC)579
AppellantShankaria
RespondentState of Rajastaan
Excerpt:
.....to him under section 360, cr. in these circumstances, it would not be improper to release him on probation of good conduct under section 360, cr. 1000/- (rupees one thousand only) with one surety in the like amount to the satisfication of the learned munsif and judicial magistrate, bilara to appear and receive sentence when called upon during the period of two years and in the meantime to keep the peace and be of good behaviour......was convicted under section 324, ipc and sentenced to one year's rigorous imprisonment by the learned munsif and judicial magistrate bilara vide his judgment dated may 12, 1981. he went in appeal. his conviction was maintained but the sentence was reduce to six months. he has now come in revision to this court.2. learned counsel appearing for the accused petitioner did not challenge his conviction. the only submission made by him is that the accused is a young man and benefit of the probation of good conduct should be extended to him under section 360, cr. pc.3. admittedly, no previous conviction stands at the discredit of the accused. he is a young man. in these circumstances, it would not be improper to release him on probation of good conduct under section 360, cr. pc.4. in the.....
Judgment:

S.S. Vyas, J.

1. Accused Shankaria was convicted under Section 324, IPC and sentenced to one year's rigorous imprisonment by the learned Munsif and Judicial Magistrate Bilara vide his judgment dated May 12, 1981. He went in appeal. His conviction was maintained but the sentence was reduce to six months. He has now come in revision to this Court.

2. Learned Counsel appearing for the accused petitioner did not challenge his conviction. The only submission made by him is that the accused is a young man and benefit of the probation of good conduct should be extended to him under Section 360, Cr. PC.

3. Admittedly, no previous conviction stands at the discredit of the accused. He is a young man. In these circumstances, it would not be improper to release him on probation of good conduct under Section 360, Cr. PC.

4. In the result, the revision is partly allowed. The conviction of accused Shankariya under Section 324, IPC is maintained but the sentence awarded to him is for the present set aside and it is hereby ordered that instead of sentencing him to any punishment, he will be released, if he enters into a bond for Rs. 1000/- (Rupees one thousand only) with one surety in the like amount to the satisfication of the learned Munsif and Judicial Magistrate, Bilara to appear and receive sentence when called upon during the period of two years and in the meantime to keep the peace and be of good behaviour. The learned Munsif and Judicial Magistrate, Bilara is directed to release the accused as Soon as the bonds referred to above are furnished defore him.


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