R/CR.RA/577/2009 JUDGMENT DATED: 08/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 577 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ========================================================== Approved for Reporting Yes No √ ========================================================== PATEL KANTILAL DHARMSHIBHAI Versus STATE OF GUJARAT ========================================================== Appearance: MR Y J PATEL(3985) for the Applicant(s) No. 1 MS MONALI BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/04/2026 JUDGMENT [1.0] By way of present revision application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, the applicants – accused have prayed for quashing and setting aside the order of conviction and sentence dated 10.01.2008 passed by the learned Additional Civil Judge and Judicial Magistrate First Class, Surendranagar in Criminal Case No.1447 of 2002, whereby the learned trial Court has been pleased to hold the applicant guilty for the oAences punishable under Sections 323 and 325 of the Indian Penal Code, 1860 (which shall hereinafter be referred to as “IPC” for short) read with Section 135 of the Gujarat Police Act and sentenced to undergo simple imprisonment for six months and also directed to pay Gne of Rs.500/- and in default of payment of Gne to undergo further simple imprisonment for one month for the oAence under Section 323 R/CR.RA/577/2009 JUDGMENT DATED: 08/04/2026 of the IPC and sentenced to undergo simple imprisonment for one year with Gne of Rs.1000/- and in default of payment of Gne to undergo further simple imprisonment of three months for the oAence under Section 325 of the IPC and sentenced to undergo simple imprisonment for six months with Gne of Rs.200/- and in default of payment of Gne to undergo further simple imprisonment of one month for the oAence under Section 135 of the G.P. Act. The said order was assailed by way of Gling Criminal Appeal No.4 of 2008, wherein, vide judgment dated 08.09.2009 passed by the learned Additional Sessions Judge, Fast Track, the appeal came to be partly allowed and applicant – accused was acquitted for the oAence under Section 135 of the GP Act whereas conviction and sentence for the oAence under Section 323 and 325 of the IPC was conGrmed. Hence, the present Revision Application is Gled by the applicant-accused. [2.0] Heard learned Advocate Mr. Y.J. Patel for the applicant and learned APP Ms. Monali Bhatt for the respondent – State. [3.0] At the outset, the applicant – accused is convicted for the oAences punishable under Sections 323 and 325 of the IPC and there are concurrent Gndings of both the Courts below. The applicant has committed the oAence for the Grst time and hence, the learned Advocate for the applicant has prayed to extend the beneGt of probation to the applicants. This Court vide order dated 18.03.2026, has called for report of Probation OKcer, Surendranagar in compliance of which the Chief Probation OKcer, Surendranagar, has submitted the report dated 01.04.2026, which is taken on record. As per the said report the conduct of present applicant is good and Probation OKcer has also recommended to extend the beneGt of probation to the applicant. Furthermore, 24 years have passed since R/CR.RA/577/2009 JUDGMENT DATED: 08/04/2026 the date of the incident and during this period the applicant did not indulge in any further crime and report of Probation OKcer also suggest good conduct of the applicant. [4.0] Now, while exercising jurisdiction under Section 401 of the Code is discretionary and it is required to be used only in exceptional cases where glaring defect in the procedure and manifest error of law or there has been miscarriage of justice. Here no any such error is pointed out or no perversity is found from the reasons assigned by the learned Sessions Judge. Hence, the learned Sessions Judge has not committed any error in coming to the conclusion. Even in revisional jurisdiction the Court has to be more careful in re-appreciating the fact or evidence as revisional jurisdiction itself does not provide re- appreciation of evidence and considering the limited jurisdiction the Court cannot act as Appellate Court. Hence, no case is made out for interference with the impugned Gndings in light of scope of the scope of revision laid down by the Hon’ble Apex Court in Amit Kapoor Vs. Ramesh Chander, reported in 2012 (9) SCC 460. [4.1] However, one of the prime consideration under the penology is reformative approach. The Court has to also consider the possibility of rehabilitation and reformation of oAender and therefore, the discretion given to the Court while awarding the sentence under Section 360(1)(iii) of the Code of Criminal Procedure and to consider the provision of Probation of OAenders Act. Considering the aforesaid fact, in order to permit rehabilitation of oAender, without Gnding their communal conscience and to secure the societal interest and justice, Court should prefer the reformative approach instead of inMicting higher or harsher punishment. Page 3 of 4 R/CR.RA/577/2009 JUDGMENT DATED: 08/04/2026 [5.0] In view of above, the applicant – accused is directed to be released on probation of good conduct under Section 4 of the Probation of OAenders Act, upon execution of probation bond in sum of Rs.20,000/- each, with one surety of like amount for a period of one (1) year. [6.0] It is hereby further directed that the applicant – accused shall receive the sentence as and when called upon till the said period and the applicant shall maintain peace during above mentioned period of one (1) year. [6.1] The above mentioned bond under Section 4 of the Probation of OAenders Act be submitted before the learned trial Court within 15 days of passing of this judgment. [7.0] Accordingly, present revision application is disposed of. Record and proceedings, if any, be sent back to the concerned Court forthwith. Rule accordingly. Sd/- (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 18:05:19