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Kishan Singh Vs. the State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Revision Petition No. 20 of 1979
Judge
Reported in1984WLN(UC)242
AppellantKishan Singh
RespondentThe State of Rajasthan
Excerpt:
rajasthan prohibition act, 1959 - section 4(2) & 4(1)(g)--sentence--benefit of probation--accused 65 years old--only 3 bottles of liquor recovered--not previous convict--held, it is not improper to giant him benefit of probation.;admittedly only three bottles of liquor were found in possession of the accused. no previous conviction stands at his discredit. the accused was nearly 60 years of age at the time of his conviction. he is thus now about 65 years in age. in these circumstances, it would not be improper to release him on the probation of good conduct.;revision partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as..........of the learned munsif & judicial magistrate, churu to appear and receive sentence within a period of two years and in the meantime to keep peace and be of good behaviour. the accused is allowed one month's time to furnish the aforesaid bonds.
Judgment:

S.S. Byas, J.

1. Accused Kishan Singh was convicted under Section 4(2) and 4(1)(g) of the Rajasthan Prohibition Act, 1969, and was sentenced to six months' rigorous imprisonment with a fine of Rs. 100/- under each count. He went in appeal which was partly allowed by the learned Sessions Judge, Churu. His conviction and sentence under Section 4(1)(g) of the aforesaid Act were set-aside. However, his conviction and sentence under Section 4(2) of the Act were maintained. Hence this revision petition.

2. The learned Counsel appearing for the accused did not challenge his conviction. The only submission made by him is that only three bottles of illicit lipuor were found in possession of the accused. The offence was committed long back in 1977. No previous conviction stands at the discredit of the accused. The accused is an old man about 6 years in age. As such fie should be released on probation of good conduct. The learned Public Prosecutor has opposed this submission.

3. Admittedly only three bottles of liquor were found in possession of the accused. No previous conviction stands at his discredit. The accused was nearly 60 years of age at the time of his conviction. He is thus now about 65 years in age. In these circumstances, it would not be improper to release him on the probation of good conduct.

4. The revision is partly allowed. The conviction of accused Kishan Singh under Section 4(2) of the Rajasthan Prohibition Act, 1969 is maintained but the sentences awarded to him are set-aside. Instead of sentencing him at once to any punishment, it is hereby directed that he be released on his entering into a personal bond for a sum of Rs. 1000/- together with one surety to the satisfaction of the learned Munsif & Judicial Magistrate, Churu to appear and receive sentence within a period of two years and in the meantime to keep peace and be of good behaviour. The accused is allowed one month's time to furnish the aforesaid bonds.


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