Case :- CRIMINAL REVISION No. - 2180 of 2000 Revisionist :- Padam Singh And Others Opposite Party :- State of U.P.
Counsel for Revisionist :- Ram Babu Sharma,Mukteshwar Upadhyaya Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Sunita Agarwal,J.
Criminal Misc. Recall Application No.1 of 2019 It is contended by learned counsel for the revisionists that the revisionists could not contact their counsel for the lack of resources.
The explanation offered by the applicants/revisionists is found satisfactory.
The recall application is allowed.
Non-bailable warrant issued in the present revision is hereby recalled.
Order Date :- 20.12.2019 Himanshu Case :- CRIMINAL REVISION No. - 2180 of 2000 Revisionist :- Padam Singh And Others Opposite Party :- State of U.P.
Counsel for Revisionist :- Ram Babu Sharma,Mukteshwar Upadhyaya Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri R.B. Sharma, learned counsel for the revisionists and learned A.G.A for the State and perused the record.
This Criminal Revision under section 397/401 Cr.P.C. has been filed against the judgment and order dated 08.09.2000 passed by the Sessions Judge, Ghaziabad in Criminal Appeal No.70 of 1999 .
At the outset, counsel for the revisionists instead of making submission on the merits of the order of conviction states that this Court may grant mercy looking to the fact that the accused remained in jail for sometime and instead of sending them to jail fine may be enhanced.
Placing the judgment of the Apex Court in Jagat Pal Singh & others Vs. State of Haryana reported in 1999 SCC (Cri) 1313, it is contended that even sentence for imprisonment under Section 452 was reduced and the accused have been directed to be dealt with under the provision of the Probation of Offenders Act.
To this submission, learned AGA did not raise any plausible objection.
Having gone through the judgment of conviction passed by the trial court and the order of confirmation of sentence by the appellate court, this Court is of the view that the revisionists had remained in jail for some period and they had advanced in age during pendency of the present revision for a period of 19 years. In the said circumstances, while upholding the conviction, instead of sending the revisionists to prison under the judgment and order dated 08.09.2000 passed by the Sessions Judge, Ghaziabad in Criminal Appeal No. 70 of 1999 (Padam Singh & others Vs. State of U.P.), the period of imprisonment is modified and reduced to the extent of already undergone and fine of Rs.250/- each imposed on them be raised to Rs.1000/- each.
The fine imposed by the trial court to the tune of Rs.250/-, if deposited, shall be adjusted towards the fine imposed by this Court.
In any case, the revisionists are liable to deposit the fine within a period of two months from today, failing which, they shall undergo six month further imprisonment.
In the above terms, the revision is partly allowed. Certify the judgment to the court below immediately. Order Date :- 20.12.2019/Himanshu