Shiv Ram Meena vs State of Raj. and Others

Deo Narayan Thanvi, J.—Heard learned Counsel for the petitioner as well as learned public prosecutor. It is submitted by the learned Counsel for the petitioner that the petitioner is a railway servant working as Helper Grade-2 at North West Railway Workshop, Jodhpur. In trifle matter he has been convicted by learned Addl. Chief judicial Magistrate, railway, Bikaner for four months''s simple imprisonment. In appeal, learned Additional Sessions Judge No, I confirmed the sentence by dismissing the appeal.

Learned Counsel for the petitioner submits that the charge against the accused person is that he was carrying four pieces of axel box cover plate on 16.03.2002 when he was caught by Anil Kumar S.I. Of RPF Railway, Bikaner.

According to learned Counsel for the petitioner because of this trifle nature is sentence is maintained the petitioner will be out of job therefore, he should be granted benefit under probation of Offenders Act.

Having considered the submissions made by the learned Counsel for the petitioner and looking to the nature of the case, it is proper and justiciable that petitioner be released under probation of offenders Act so that he may not be deprived of the job.

Consequently, this revision petition is partly allowed while maintaining the conviction u/s 3 of R.P. (U.P.) Act, instead of sentencing four months imprisonment which he has already undergone, he be released u/s 3 of the probation of way by virtue of Section 12 of probation of Offenders Act so far as his service is concerned.