Rakesh Kumar v. State
Case brief
What is this about?
Single judge maintained conviction but granted benefit of probation to accused-petitioner for offences under Sections 498-A and 323 IPC, directing execution of a personal bond within 30 days.
What did the court decide?
Petitioner to be released on probation by trial Court upon executing a personal bond of Rs. 25,000/- with a surety of likewise amount for one year.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 620/2006
Rakesh Kumar son of Bhagwan Sahai, by caste Saini, resident of opposite Liqure Godown, Meenapadi, Police Station Shivaji Park, Alwar (Raj.)
(At present in District Jail at Alwar)
----Accused-Petitioner
Versus
State of Rajasthan through Public Prosecutor
----Respondent For Petitioner(s) : Mr. S.S. Sunda For Respondent(s) : Mr. Vivek Choudhary, P.P.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
27/11/2024
- This revision petition has been preferred against the judgment dated 19.06.2006 passed by Additional District and Sessions Judge No.2, District Alwar (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.49/2005 whereby the appeal filed by the petitioner was dismissed and judgment and conviction order dated 28.03.2005 passed by Additional Chief Judicial Magistrate No.2, Alwar (hereinafter referred to as the 'trial Court') in Criminal Case No.234A/2023 was confirmed whereby the accused-petitioner was convicted for the offence punishable under Section 498-A IPC and sentenced to one year simple imprisonment with a fine of Rs.500/- and default thereof 15 days simple imprisonment and for the offence under Section 323 IPC sentenced to one month simple imprisonment with a fine of
Issues for consideration
1 issue framed by the court
Whether the accused-petitioner is entitled to the benefit of probation on appeal against conviction and sentence orders under Sections 498-A and 323 IPC.
Parties & counsel
- petitioner
Rakesh Kumar
- respondent
State of Rajasthan
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CRLR/620/2006
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