OMPRAKASH; RAM LAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2016-9-80
HIGH COURT OF RAJASTHAN
Decided on September 07,2016

Omprakash; Ram Lal Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) In this revision petition, the petitioners are aggrieved by the judgment dated 03.03.2009, passed by the learned Sessions Judge, Merta (hereinafter "the appellate court") only to the extent that they were ordered to pay cost of prosecution of Rs.7,500/- for their release on probation. Counsel for the petitioners submits that the petitioners are only challenging the order of imposition of prosecution cost by the appellate court. The appellare court ought to have exercised its discretion judiciously while imposing cost of prosecution upon the petitioners. The amount of cost is too high looking to the poor condition of the petitioners.
(2.) Heard the counsel for the parties and perused the impugned order dated 03.03.2009, passed by the appellate court. The learned Appellate Court under Section 5 of the Probation of Offender Act has directed the petitioners to pay cost of prosecution of Rs.7,500/- each. The petitioners did not challenge the conviction recorded by the appellate court. In my view, the order of imposition of cost of Rs.7,500/- upon the petitioners is reasonable and does not warrant any interference. Consequently, I do not find any ground to interference in this revision petition. The revision petition is without force. Dismissed.;


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