Allautidin vs State of U.P.

B.K. Sharma, J.—This is a revision against the judgment and order dated 3041993 passed by Sri D.C, Srivastava, the then Sessions Judge, Muzaffarnagar in Criminal Appeal No. 21 of 1992 whereby, he dismissed the appeal of the revisionist against the judgment and order dated 2181992 passed by Sri D.P. Goel, Aditional Chief Judicial Magistrate, Kairana District Muzaffarnagar in Crl. Case No. 889 of 1991 convicting the revisionist of the offence under Section 324, IPC and sentencing him to R.I. for a period of 1 year. There was no legal infirmity in the judgments and orders of the courts below and this revision was admitted only on the question of sentence. The prayer of the learned Counsel for the accusedrevisionist is that the benefit of the U.P. Probation of First Offenders Act, 1938 be given to the accusedrevisionist. The occurrence relates to the year 1982 and the accusedrevisionist has been on bail during the trial, during the pendency of the appeal and also admittd to bail in the present revision when it was admitted on the question of sentence. The prosecution has not alleged that any further incident took place between the parties after the date of the occurrence. The prosecution also does not claim that there was any previous conviction to the discredit of the accusedrevisionist. There is also no allegation of the prosecution that the accusedrevisionist had any antecedents which disqualified him from getting the benefit of probation.

Considering all the circumstances, the revision is dismissed and the conviction of the accusedrevisionist for the offence made by the trial court and confirmed by the appellate court is upheld. However, the sentence part of the judgment is set aside and it is directed that the revisionist be released on probation on his entering into a bond for a sum of Rs. 5,000/ with two sureties each in the like amount to the satisfaction of the Sessions Judge concerned, within two months from today to apear and receive sentence when called upon to do so during the period of one year from the date of furnishing of the bonds and in the meantime, to keep the peace and be of good behaviour. If the bonds are not famished within the time allowed to the satisfaction of the Sessions Judge concerned as directed, the revision shall stand dismissed even with regard to the sentence part of the judgments of both the courts below and he shall have to suffer R.I. for 1 one year as directed by the trial court and as confirmed by the appellate court for which he shall be got arrested and consigned to the District Jail concerned to serve out the sentence in accordane with law. If the bonds are furnished, the Sessions Judge will have the jurisdiction to award sentence to the accusedrevisionist within the period of one year from the date of furnishing of the bond as provided in Section 4 of the U.P. Probation of First Offencers Act, 1938.

Let a copy of this judgment be sent to the Sessions Judge concerned within a week from today for information and compliance. The compliance report shall be submitted to this court within 2 months from today.

Let a copy of this judgment be issued to the learned Counsel for the accusedrevisionist within 3 days on payment of usual copying charges.

Revision dismissed.