Court No. - 34
Case :- CRIMINAL REVISION No. - 1073 of 1995 Revisionist :- Udal Singh Opposite Party :- State Of U.P.
Counsel for Revisionist :- R.S. Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri R.S. Shukla, 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 order dated 20.05.1995. The IIIrd Additional Chief Judicial Magistrate, Bareilly vide order dated 13.07.1994 convicted revisionist and sentenced him to undergo three months rigorous imprisonment with fine of Rs. 200/- under Section 323 IPC; six months rigorous imprisonment with fine of Rs. 200/- under Section 325 IPC; three months rigorous imprisonment with fine of Rs. 200/- under Section 504 IPC and six months rigorous imprisonment with fine of Rs. 200/- under Section 325 IPC and in default of payment of fine, he has further suffered one month rigorous imprisonment. Thereagainst, revisionist preferred Criminal Appeal No. 92 of 1995 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 revisionist further prayed for taking a 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 one year 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 20.05.1995 passed by Lower Appellate Court is modified accordingly.
7. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 Siddhant Sahu