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2012 Supreme(Raj) 2196

PRASHANT KUMAR AGARWAL
Abdul Hakeem – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Resham Bhargava, Advocate.
For the State: Laxman Meena, Public Prosecutor.
For the Respondents No. 2: None Present.

JUDGMENT

1. - The accused-petitioner has preferred this criminal revision petition against the judgment and order dated 1.12.1998 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Ajmer in Criminal Appeal No. 25/1998 whereby the learned appellate Court although affirmed and upheld the conviction of the petitioner for offence under Section 8 of the Rajasthan State Road Transport Service (Prevention of Ticket less Travel) Act, 1975 (hereinafter to be referred as "the Act") but at the same time modified the sentence passed by the trial Court i.e. Judicial Magistrate No. 3, Ajmer in Criminal Case No. 622/1991 in the manner that benefit of probation under Section 4 of the Probation of Offenders Act, 1958 was extended to him in case he deposits Rs. 10,000/- as prosecution expenses in the trial Court. The trial Court convicted the petitioner for the aforesaid offence and sentenced for simple imprisonment for 15 days and fine of Rs. 250/- and in default thereof to further undergo simple imprisonment for seven days. Brief relevant facts for the disposal of this petition are that on 4.5.1989 at 1.15 p.m., when a Bus belonging to Rajasthan State Road Transport Corporation b

















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