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2022 Supreme(Raj) 516

Abdul Sattar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.C. Sharma & Mr. Bhagat, Dhadich for Mr. Mridul Jain.
For the Respondent: Mr. Mukesh Trivedi, PP.

ORDER :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

    “It is, therefore, respectfully prayed that appeal may kindly be allowed and impugned judgment and order dated 12.12.1994 may kindly be set aside and in the alternative their case may kindly be considered under Section 360 of Cr.P.C. or Probation of Offenders Act may be applied”

3. The matter pertains to an incident that occurred in the year 1990 and the present appeal has been pending since 1995.

4. Vide impugned judgment dated 12.12.1994 the learned Special Judge, Essential Commodities Cases in Criminal Original Case No.09/1990, convicted the accused-appellants for the offences under Sections 3/7 of the Essential Commodities Act and sentenced them to undergo four months' S.I. and a fine of Rs. 1000/-, in default of payment of which they were to further undergo one month simple imprisonment.

5. Learned counsel for the accused-appellants submits that the accused-a

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