Court No. - 71
Case :- CRIMINAL APPEAL No. - 80 of 1984 Appellant :- Birma & others Respondent :- State Of U.P.
Counsel for Appellant :- B.N. Srivastava,F.N.Dubey Counsel for Respondent :- A.G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
The present criminal appeal has been filed against the judgment and order dated 19.12.1983 passed by 4th Addl. Sessions Judge, Muzaffar Nagar in Sessions Trial No. 321 of 1980, under Sections 147, 323/149 IPC and appellants were released on probation on their executing a personal and surety bonds to keep peace and good behaviour for a period of one year and in default to appear before the Court to receive the sentence.
Learned counsel for the appellant has submitted that the surviving appellants Birma and Shyama @ Kala son of Kalu have not committed any offence during probation period of one year.
Pursuant to said submission of learned counsel for the appellants, a report was called for from the District Probation Officer, Muzaffar Nagar as to whether the surviving appellants were involved in any criminal case during period of probation for one year vide order dated 9.11.2017.
Pursuant to the said order dated 9.11.2017, a report has been submitted by the District Probation Officer, Muzaffar Nagar through Chief Judicial Magistrate, Muzaffar Nagar dated 6.12.2017 stating therein that the said appellants were released on probation with effect from 19.12.1983 to 18.12.1984 and during this period they have not committed any offence and their conduct is satisfactory.
In view of the aforesaid report submitted by the District Probation Officer and looking to their satisfactory conduct, the present appeal stands disposed of in terms of the impugned order dated 19.12.1983.
Order Date :- 25.7.2019 KU