Atul S/O Narayan Kakade ( In Jail) vs State Of Maharashtra Thr. P.S.O
2016 Latest Caselaw 599 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     




                                                           
                              NAGPUR BENCH, NAGPUR.


     CRIMINAL REVISION APPLICATION NO.58 OF 2013




                                                          
     Atul s/o Narayan Kakade,
     Aged about 33 years, Occupation - Service,
     R/o Naranda, Tahsil - Korpana, 




                                              
     District - Chandrapur, 
     Central Prison Chandrapur.
                              ig                                    ....       APPLICANT


                        VERSUS
                            
     State of Maharashtra, 
     through PSO Korpana, Tahsil - Korpana,
      

     District - Chandrapur.                                         .... NON-APPLICANT
   



     ______________________________________________________________
                   Shri A.R. Fule, Advocate for the applicant, 
       Shri R.S. Nayak, Additional Public Prosecutor for the non-applicant.





      ______________________________________________________________

                                   CORAM : Z.A. HAQ, J.

DATED : 14 MARCH, 2016 th

ORAL JUDGMENT :

1. The applicant has filed this revision challenging the

judgment passed by the Additional Sessions Judge, dismissing the

appeal filed by the applicant and maintaining the judgment passed by

the learned Magistrate, convicting the applicant for offences

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punishable under Sections 324 and 452 of the Indian Penal Code and

sentencing him to suffer rigorous imprisonment for four months each

and to pay fine of Rs.3,000/- and in default of payment of fine to

suffer simple imprisonment for one month. The revision is admitted

for final hearing. The applicant has filed Criminal Application

No.106/2013, under Section 4 of the Probation of Offenders Act, 1958

praying that he be released on probation in case the conviction is

upheld by this Hon'ble Court.

The application was listed before this Court on

10-02-2016. After hearing, the report of Probation Officer was called.

The report is received.

2. Shri A.R. Fule, Advocate for the applicant has submitted

that the applicant has married and is residing with his wife, one minor

son and one minor daughter and that the complainant is also married

in 2008.

3. After hearing Shri A.R. Fule, Advocate for the applicant

and Shri R.S. Nayak, Additional Public Prosecutor for the non-

applicant, I find that the learned Magistrate has dealt with the

evidence on record exhaustively and the learned Additional Sessions

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Judge has also independently considered the evidence on record

properly. The learned Advocate for the applicant has not been able to

point out any perversity in appreciation of evidence by the subordinate

Courts. I see no reason to interfere with the findings recorded by the

subordinate Courts.

4.

However, considering the fact that the applicant is

released on bail pursuant to the order passed by this Court on

25-04-2013 and nothing adverse is reported against him and

considering the report dated 10-03-2016 submitted by the Probation

Officer and the fact that the offence for which the applicant is tried and

convicted is the first and last reported offence, in my view, the interest

of justice would be sub-served by passing the following order:

The non-applicant is directed to release the applicant on

probation of good conduct on furnishing P.R. Bond for Rs.20,000/- for

one year from today and on his undertaking that he will keep peace

and be of good behaviour during the period of one year, the order

passed by the learned Magistrate and maintained by the learned

Additional Sessions Judge imposing sentence on the applicant, is

modified.

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5. The criminal revision is partly allowed accordingly.

JUDGE

pma