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Mangoo And Others vs State Of U.P. on 12 September, 2019


?Court No. – 34

Case :- CRIMINAL REVISION No. – 1219 of 1996

Revisionist :- Mangoo And Others

Opposite Party :- State Of U.P.

Counsel for Revisionist :- A.K.Sachan

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Sudhir Agarwal,J.

1. Sri A.K.Sachan, learned counsel for revisionists and learned A.G.A. for State are present.

2. This criminal revision under Section 397/Section401 Cr.P.C., has been filed aggrieved by judgment and order dated 10.09.1996 passed by Sri Krishna Chandra, 8th Additional Sessions Judge, Bareilly in Criminal Appeal No. 102 of 1994 whereby appeal preferred by revisionists has been dismissed and conviction of revisionists under Section 354 I.P.C. and sentence of imprisonment of three months and fine of Rs. 500/- each awarded to revisionists has been affirmed.

3. It is contended by learned counsel for revisionists that release of revisionists was sought by giving benefit of SectionProbation of Offenders Act, 1958 (hereinafter referred to as “Act, 1958”) but Trial Court rejected the same 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-revisionists.

4. Learned A.G.A. has submitted that he has no objection if the conviction of accused-revisionists are 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. 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 six months from the date of acceptance of the 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 10.09.1996 passed by Lower Appellate Court is modified accordingly.

7. Certify this judgment to the lower Court immediately.

Order Date :- 12.9.2019




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