Allahabad High Court
Indrapal vs State Of U.P. And Another on 24 August, 2023
Bench: Jyotsna Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:56475
Court No. - 29
Case :- CRIMINAL REVISION No. - 15 of 2012
Revisionist :- Indrapal
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Suresh Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Jyotsna Sharma,J.
1. None appeared on behalf of respondent no.2.
2. Heard Sri Suresh Singh, learned counsel for revisionist and learned A.G.A. for the State and perused the record.
3. By means this criminal revision the convict-revisionistIndrapal has challenged the order dated 10.01.2012 by which learned Additional Sessions Judge, Barabanki in Criminal Appeal No.57 of 2011 convicting the revisionist under Section 420 I.P.C. whereby the appellate court converted the order of conviction from Section 406 to 420 I.P.C. while maintaining the sentence and also judgment and order dated 25.06.2011 passed by Additional Chief Judicial Magistrate, Barabanki in Criminal Case No.1499 of 2001 whereby the revisionist was convicted under Section 406 I.P.C. and sentenced to undergo one and half years rigorous imprisonment and fine of Rs.36,000/- and in default whereof further simple imprisonment of 8 months.
4. During course of hearing the revisionist has submitted that he does not propose to challenge order of conviction and will confine his contentions on the point of sentence only. Learned A.G.A. has no objection in case contentions are confined on the point of sentence only.
5. It is submitted on behalf the revisionist that case is fully covered by the provisions of Section 4 of the Probation of Offenders Act, 1958, but the trial court, on the request of defence to release him on probation, did not consider the relevant facts and circumstances and passed an arbitrary order declining his prayer. It is further submitted on behalf of the revisionist that the accused is presently above 73 years old, he was born in 1950. To verify the same he has filed a copy of adhar card which is annexed with supplementary affidavit. Besides, it is contended that this is a case of involving an amount of Rs.12,500/- only and that in case he was granted benefit ofProbation of Offenders Act, 1958 by the trial court or appellate court, the interest of justice would have been served.
6. As per provisions of Section 11 of the Probation of Offenders Act, 1958 powers available to the trial court are available to the courts of appeal and courts of revision as well. There is no legal obstacle in exercise of powers given under the provisions of the Probation of Offenders Act, 1958 by the revisional court. In my opinion, taking peculiar facts and circumstances of this case as well as taking into account the lapse of period between date of the impugned judgment and hearing of this revision, the accused revisionist is entitled for benefit provided under Section 4 of the Probation of Offenders Act, 1958 subject to conditions as below:
(i) the accused revisionist-Indrapal is released on probation under Section 4 of the Probation of Offenders Act, 1958 for a period of one year from the date of execution of bonds.
(ii) for the above purpose the accused revisionist shall file two sureties of Rs. 50,000/- each and personal bonds of the same amount before the court concerned within a period of two weeks from today;
(iii) The revisionist shall deposit an amount of Rs.10,000/- as fine within a period of a month.
(iv) Under the provision of Section 5 of the Probation of Offenders Act, 1958 the revisionist shall deposit an amount of Rs.50,000/- which shall be paid to the victim/first informant,(in case he is alive) or to his legal heirs (if not) as compensation, within next one month. It is made clear that this amount of compensation shall be over and above the amount of fine which is payable by the convict-accused;
(v) during the probation period they shall not indulge in any anti-social and criminal activities and shall keep peace in society;
5. In case of breach of any of the aforesaid conditions, the accused-revisionists will subject himself to undergo the sentence as prescribed by the trial court.
6. While the conviction in terms of order passed by the appellate court is maintained the sentence order is accordingly modified and the revision is disposed of.
7. Let the copy of this judgment as well as the lower court record, if received, be transmitted to the concerned Trial Court forthwith for necessary compliance.
8. The court concerned shall intimate as to compliance of the aforesaid terms and conditions.
Order Date :- 24.8.2023
Asha
