Bombay High Court
Bhausaheb Parasram Sathe vs State Of Maha And Anr on 22 February, 2023
Bench: S. G. Mehare
1 903- Cri.Rev. Appln. No. 301-2004.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.301 OF 2004
BHAUSAHEB PARASRAM SATHE
VERSUS
STATE OF MAHA and ANR
...
Advocate for Applicant : Mr. L. K. Pradhan
APP for Respondent: Mr. S. B. Narwade
.....
CORAM : S. G. MEHARE, J.
DATE : 22.02.2023
ORAL JUDGMENT :
1. The report of the District Probation Officer be made part of the
original record.
2. Heard the learned counsel for the applicant and the learned A.P.P,
for respondent.
3. The applicant-accused has been convicted for the offence
punishable under Sections 279, 427 the Indian Penal Code with a fine
of Rs. 1,0000/- and Rs. 5000/- each. The sentence was confirmed by
the learned 2nd Adhoc Additional Sessions Judge, Aurangabad.
4. The learned counsel for the applicant has vehemently argued
2 903- Cri.Rev. Appln. No. 301-2004.odt
that there are two concurrent judgments against the applicant. The
applicant is now running above 60 years. He is suffering from physical
disablement. Considering his career, instead of sentencing him at once
the benefit of Probation of Offenders Act may be extended. Since the
prayer for benefit of Probation of offenders was made, the report
from the District Probation officer Aurangabad was called through the
learned Judicial Magistrate F.C. Aurnangabad. The said report
suggests to grant the benefit under Section 4 (1) (3) of the Probation
of Offenders Act 1958.
5. The learned counsel for the applicant, to bolster his
submission, he relied on the case of Paul George Versus State of NCT of
Delhi (2008) 4 Supreme Court Cases 185 wherein the Hon'ble
Supreme Court has observed that the litigation has been going on for
last twenty years. We, therefore, while disposing of the appeal ends of
justice would be met if the appellant is released on probation under
Section 4 of the Probation of Offenders Act, 1958 on conditions to be
imposed by the trial Court.
6. In a nutshell, for the offence punishable under Section 279
of the Indian Penal Code, the benefit of the Probation of Offenders Act
has been extended.
3 903- Cri.Rev. Appln. No. 301-2004.odt
7. As far as the merit of the case is concerned, the applicant
did not satisfy the Court that there are substantial grounds to warrant
interference in the impugned judgments and orders of conviction.
However, the present litigation has been going on for last twenty years.
As per the Probation of Offenders Act, the applicant is old age and
suffering from physical disablement. Therefore, the Court is of the
view that the benefit of Section 4 of the Probation of Offenders Act,
1958 may be extended. Hence, the following order.
i). The conviction passed by the learned Judicial Magistrate F.C.
Court No.6 Aurangabad in Summary Criminal Case No. 2539 of
1999 dated 6.9.2022 and confirmed by the learned 2nd Adhoc
Additional Sessions Judge Aurangabad in Criminal Appeal No.
76 of 2002 dated 14.07.2004 is maintained. However, having
regard to the circumstances of the case, the nature of the offene
and the character of the accused, it is expedient to release him
on Probation of good conduct, therefore, instead of sentencing
him at once to the imprisonment, he be released on entering into
the bond with one surety of Rs. 5,000/- to appear and receive
sentence as and when he is called upon, during the period of
one year from executing bond & surety and in the meantime, he
should keep peace and be of good behaviour.
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iii). The applicant shall furnish the bond and surety bond before the
learned Judicial Magistrate F.C. Court No.6, Aurangabad within
a week from today.
iv) Record and proceedings be returned to the learned Judicial
Magistrate F.C. Court No.6, Aurangabad.
v). In above terms the revision stands disposed of.
Rule is discharged.
( S. G. MEHARE )
JUDGE
ysk
