Bombay High Court
Ganesh S/O Kashiram Devkar And ... vs State Of Mah. Thr. Pso Buldhana ... on 10 March, 2022
Bench: Avinash G. Gharote
1 46.REVN.120-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION APPLICATION (REVN) NO. 120 OF 2021
( Ganesh S/o Kashiram Devkar & Anr.
Vs.
State of Maharashtra )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. R.M. Daga, Advocate for the Applicants.
Mrs. Shamsi Z. Haider, A.P.P. for the Non-Applicant/State.
CORAM: AVINASH G. GHAROTE, J.
DATED : 10th MARCH, 2022.
Heard Mr. Daga, learned counsel for the
applicants and Mrs. Haider, learned APP for the
non-applicant/State.
2. The revision, challenges the conviction of the
applicants by the learned trial Court by the judgment
dated 11.10.2014, whereby the applicant No.1 (accused
No.2-Ganesh) is convicted for the offence punishable
under Section 324 of the Indian Penal Code and
sentenced to suffer Simple Imprisonment for one year
and to pay a fine of Rs. 1,000/-, in default to suffer
Simple Imprisonment for two months and the applicant
No.2 (accused No.3-Kashiram) has been convicted for the
offence punishable under Section 325 of the Indian Penal
Code and sentenced to suffer Simple Imprisonment for
one year and to pay a fine of Rs. 1,000/-, in default to
suffer Simple Imprisonment for two months.
2 46.REVN.120-2021.odt
3. The learned Additional Sessions Judge,
Buldana, has dismissed the appeal vide judgment dated
15.12.2021 and confirmed the conviction and sentence.
Mr. Daga, learned counsel for the applicants contends,
that considering the nature of offence and the quantum
of sentence, the applicants, would be entitled to the
benefit of Section 360 of the Code of Criminal Procedure,
and therefore, can be released on probation of good
conduct, as contemplated therein, for which, reliance is
placed upon Lakhanlal Alias Lakhan Singh Vs. State of
Madhya Pradesh, (2021) 6 SCC 100. He further submits,
that on merits also there are grounds available, inasmuch
as, the Medical report shows only an abrasion on head,
and therefore, there is in-consistency in nature of injuries
as alleged, considering which, the applicants could not
have been convicted.
4. Insofar as, the plea regarding the benefit of
Section 360 of the Code of Criminal Procedure, being
available, I am not with the learned counsel for the
applicants, the reason being that Lakhanlal Alias Lakhan
Singh (Supra) in para 8 indicates, that the object of
Section 360 of the Code of Criminal Procedure is to
prevent young persons from being committed to jail, who
have for the first time committed crimes through
ignorance, or inadvertence or the bad influence of others
and who, but for such lapses, might be expected to be
good citizens. It also records, that incarceration, may
result in conversion of youthful offenders into obdurate
criminals, as a result of their association with hardened
3 46.REVN.120-2021.odt
criminals of mature age. However, considering the age of
the applicants which are 41 years and 71 years
respectively, in my considered opinion, in view of the
object of Section 360 of the Code of Criminal Procedure,
as spelt out in Lakhanlal Alias Lakhan Singh (Supra), the
benefit of probation cannot be granted to them.
5. Considering, that by an order dated
21.12.2021, notice for final disposal has been issued, call
R & P in two weeks.
6. Mr. Daga, learned counsel for the applicants,
is further directed to place on record the paper-book of
the Sessions Court alongwith all exhibited documents
and it is indicated that the matter, may be finally decided
at the stage of admission itself.
JUDGE
SD. Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:11.03.2022 14:45
