Bhanwar Lal vs State of Rajasthan

H.R. Panwar, J.—At the threshold, learned Counsel for the petitioner submits that the petitioner does not challenge his conviction, however submits that the petitioner may be extended the benefit of Section 360 CrPC.

Learned Counsel for the petitioner has relied on a decision of this Court in Jalam Singh and Anr. v. State of Rajasthan, S.B. Criminal Revision Petition No. 80/1980 decided on 11.08.1987, whereby this Court held that though the benefit of Probation of Offenders Act, 1958 cannot be extended, still the provision contained in Section 360 CrPC can be made applicable considering the facts and circumstances. On the said premises, it was directed that the petitioners therein shall be set at liberty on furnishing a personal bond in the sum of Rs. 2000/- with one surety on the like amount to the satisfaction of the trial Court to appear and receive the sentence when called upon during the period of one year and in the meantime, to keep peace and be of good behaviour and the petitioner therein was allowed four week''s time to submit the requisite bonds.

In the instant case, the occurrence took place in the beginning of the year 1979 and by now about thirty years have elapsed and by now the petitioner is aged about 60 years. Keeping in view the peculiar facts and circumstances of the case and relying on the decision of this Court in Jalam Singh and Anr. v. State of Rajasthan, Supra, my view, the ends of justice would be met in setting at liberty the petitioner on furnishing the personal bond and the surety bond.

Consequently, the revision petition filed by the petitioner against his conviction is dismissed and the conviction of the petitioner is maintained. However, instead of sentencing the petitioner at once to any imprisonment, it is directed that petitioner Bhanwar Lal S/o Khemaji Lohar shall be set at liberty on furnishing the personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the Judicial Magistrate, Jhadol, district Udaipur to appear and receive the sentence when called upon to do so during the period of two years and in the meantime to jeep the peace and be of good behaviour. Four week''s time is allowed to the petitioner to furnish the requisite bail bonds. The petitioner is on bail and his bail ball bonds are discharged.