Suresh Kumar vs State - 2022 Supreme(Raj) 639

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2022 Supreme(Raj) 639

PUSHPENDRA SINGH BHATI
Suresh Kumar – Appellant
Versus
State – Respondent

Advocates appeared:
For the Appellant : Mr. Rajv Bishnoi
For the Respondent: Mr. Gaurav Singh 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 revision petition has been preferred under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 02.09.1999 passed by the learned Additional Sessions Judge No.3, Udaipur in Original Criminal Appeal No.14/99 (133/98), whereby while upholding the conviction of the petitioner under Sections 454 & 380 IPC, as recorded by the learned Additional Chief Judicial Magistrate No.2, Udaipur in the judgment dated 11.11.1998 passed in Criminal Original Case No.131/84, the sentence on each count has been reduced to six months simple imprisonment and a fine of Rs.200/-on each count, default of payment of which to further undergo seven days simple imprisonment.

2.1 The prayer made in the present petition reads as under:

“Under such circumstances, it is prayed that this revision may kindly be accepted and the petitioner be granted benefit of Provision of Section 4 of the Probation of Offenders Act as well as a direction be given that