Court No. - 34
Case :- CRIMINAL REVISION No. - 893 of 1995 Revisionist :- Ashwani Kumar Opposite Party :- State Of U.P. Counsel for Revisionist :- S Trivedi Counsel for Opposite Party :-Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ajay Kumar Pandey, Advocate holding brief of Sri Satish Trivedi, learned counsel for Revisionist and learned A.G.A. for State.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 19.09.1994 and 07.07.1995. The Additional Chief Judicial Magistrate VII, Bareilly vide judgment and order dated 19.09.1994 passed in Criminal Case No.2878 of 1991 convicted Revisionist and sentenced him to undergo one year simple imprisonment under Section 411 IPC. Thereagainst, Revisionist preferred Criminal Appeal No.115 of 1994 before Court of Additional Sessions Judge/Special Judge, Bareilly (hereinafter referred to as “Appellate Court”) and Appellate Court while dismissing appeal, confirmed order of conviction and sentence passed by Trial Court. Being aggrieved the revisionist preferred present revision.
3. It is contended by learned counsel for Revisionist that release of revisionist was sought by giving benefit of Probation of Offenders Act, 1958 (hereinafter referred to as “Act, 1958”) but Trial Court rejected the same without giving any reason and Lower Appellate Court has also not examined this aspect of the matter. The accused-Revisionist has no criminal antecedents. Learned counsel for the Revisionist further prayed for taking lenient view and extending the benefit of Section 4 of Act, 1958 to accused-Revisionist.
4. Learned A.G.A. has submitted that he has no objection if the conviction of accused-Revisionist is maintained.
5. Considering the facts and circumstances of the case, this revision deserves to be allowed in part on the point of sentence. The conviction of accused- Revisionist recorded by Court below is hereby affirmed and upheld. The quantum of sentence is being modified. Revisionist be released giving benefit of Section 4 of Act, 1958 on execution of personal bond of Rs.10,000/- with photograph on the condition of maintaining peace and good behaviour for a period of two years from the date of acceptance of bond by the concerned Court below. The personal bond shall be filed to the satisfaction of concerned Court below. In the event of breach of aforesaid conditions, the Court below would be competent to summon the accused and would be at liberty to pass appropriate orders for sentence against accused-Revisionist in accordance with law, keeping in view the judgment of Lower Appellate Court.
6. With the aforesaid observations, this revision is partly allowed and judgment and order dated 19.09.1994 passed by Lower Appellate Court is modified accordingly.
7. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 Manish Himwan