Hon'ble Justice Narendra Singh Dhaddha allowed SOS Application No.221/2020 in a revision petition challenging an appellate order regarding compensation and probation. The court directed payment of 50% compensation to prevent imprisonment.
Application allowed; petitioner directed to deposit 50% of compensation amount within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. SOS Application No.221/2020
IN
S.B. Criminal Revision Petition No. 847/2020
Alisher S/o Shri Yaseen Shah, Aged About 52 Years, R/o Kant, Police Station Bissau, Distt. Jhunjhunu Raj.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. O.P. Jhajhria For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
08/09/2020
Heard the learned counsel for the parties.
Learned counsel for the petitioner submits that the Appellate Court had set aside the sentence awarded to the petitioner u/s 420 and 406 IPC and gave benefit of Probabtion of Offenders Act and also simultaneously imposed compensation of Rs.1,10,000/-. Learned counsel has also submitted that Appellate Court had wrongly inferred that if petitioner failed to deposit the compensation amount then he has to serve three months simple imprisonment.
Learned counsel wants to stay the compensation amount.
Accordingly, the application filed by the petitioner is allowed and petitioner is directed to deposit 50% of the compensation amount before the Trial court within a period of one month from
(2 of 2)
[SOSR-221/2020]
today, which shall not be disbursed without prior permission of
this court.
(NARENDRA SINGH DHADDHA),J
Brijesh 77.
2 issues framed by the court
Whether to allow the application to stay the deposit of compensation awarded under the Probation of Offenders Act.
Whether the appellate court's inference regarding imprisonment upon failure to deposit compensation was correct.
1 provisions across 1 enactments
Alisher S/o Shri Yaseen Shah
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
