Allahabad High Court
Shashi Kant Rai vs State Of U.P. on 10 July, 2019
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 34 Case :- CRIMINAL REVISION No. - 1675 of 1992 Revisionist :- Shashi Kant Rai Opposite Party :- State Of U.P. Counsel for Revisionist :- N.N. Singh,Lallan Prasad Singh Counsel for Opposite Party :- A.G.A. Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ashok Kumar Rai, Advocate, holding brief of Sri L.P.Singh, 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 judgment and order dated 20.10.1992 passed by Sri Rajdeo, Special/Additional Sessions Judge, Ghazipur in Criminal Appeal No. 44 of 1990 (Shashi Kant Rai vs. State) whereby appeal preferred by revisionist was dismissed and judgment and order dated 27.3.1990 passed by Sri Amar Nath Upadhyay, Additional Chief Judicial Magistrate, Ghazipur in Criminal Case No.415 of 1990 convicting revisionist under sections 323/34, 325/34, 504 and 506 IPC and sentencing them to undergo rigorous imprisonment for six months under Section 323/34, one year's rigorous imprisonment under Section 325/34 and one month's rigorous imprisonment under Section 504 IPC and one month's rigorous imprisonment under Section 506 IPC have been confirmed.
3. Revision was admitted only on the question of sentence.
4. 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 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-revisionist.
5. Learned A.G.A. has submitted that he has no objection if the conviction of accused-revisionist is maintained.
6. 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 two years 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.
7. With the aforesaid observations, this revision is partly allowed and judgment and order dated 20.10.1992 passed by Lower Appellate Court is modified accordingly.
8. Certify this judgment to the lower Court immediately.
Order Date :- 10.7.2019 KA