Court No. - 34
Case :- CRIMINAL REVISION No. - 987 of 1997 Revisionist :- Jai Shree And Others Opposite Party :- State Of U.P. Counsel for Revisionist :- R.C.Yadav Counsel for Opposite Party :- Govt.Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri R.C. Yadav, learned counsel for revisionists 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 05.09.1994 and 12.06.1997. The Second Additional Munsif Magistrate, Ghazipur vide judgment and order dated 05.09.1994 convicted revisionists and sentenced them to undergo six months rigorous imprisonment under Section 323/34 IPC and one year rigorous imprisonment with fine of Rs. 300/- under Section 325/34 IPC. Thereagainst, revisionists preferred Criminal Appeal No. 35 of 1994 and Appellate Court while dismissing appeal vide judgment and order dated 12.06.1997, confirmed order of conviction and sentence passed by Trial Court. Being aggrieved the revisionists preferred present revision.
3. It is contended by learned counsel for revisionists that release of revisionists 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-revisionists have no criminal antecedents. Learned counsel for the revisionists further prayed for taking lenient view and extending the benefit of Section 4 of Act, 1958 to accused-revisionists.
4. Learned A.G.A. has submitted that he has no objection if the conviction of accused-revisionists 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-revisionists recorded by Court below is hereby affirmed and upheld. The quantum of sentence is being modified. Revisionists 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 three 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-revisionists 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 12.06.1997 passed by Lower Appellate Court is modified accordingly.
7. Certify this judgment to the lower Court immediately.
Order Date :- 27.9.2019 AK