"Pawan Singh Bisht Alias Rancho vs State Of
2021 Latest Caselaw 5398 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   29th DECEMBER, 2021

            CRIMINAL REVISION NO.352 OF 2021

Between:

Pawan Singh Bisht alias Rancho                       ...Revisionist

and

State of Uttarakhand                          ...Respondent


Counsel for the Revisionist :   Mr. Harshit Sanwal.

Counsel for the Respondent: Mr. Rohit Dhyani, learned
                            Brief Holder.



Hon'ble Alok Kumar Verma,J.

This Criminal Revision has been filed against the

judgment dated 28.08.2021, passed by the learned

Sessions Judge, Almora, in Criminal Appeal No.15 of 2020,

"Pawan Singh Bisht alias Rancho vs. State of

Uttarakhand", whereby, the Appeal of the revisionist has

been partly allowed and the sentence has been modified.

The learned Appellate Court awarded the sentence, which

was already served by the revisionist. The said Appeal was

filed against the judgment dated 15.02.2020, passed by

the learned Judicial Magistrate/Civil Judge (Senior

Division), Almora, in the Criminal Appeal No.100 of

2019,"State vs. Pawan Singh Bisht alias Rancho",

whereby, the learned trial court had convicted and

sentenced to the revisionist - accused to undergo one

year simple imprisonment along with a fine of Rs.10,000/-

for the offence under Section 411 of the I.P.C.

2. This Criminal Revision is admitted.

3. According to the prosecution - respondent, one

ring of gold, two wrist watch of Titan and one of H.M.T.,

one hand bag, Rs.25,000/- etc., were stolen from the

house of the informant. The FIR was lodged. During the

investigation, some stolen articles were recovered from

the possession of the revisionist - accused. After

completion of the investigation, the charge-sheet was

filed.

4. The charges were framed. The revisionist -

accused pleaded not guilty and claimed to be tried. The

prosecution has examined as many as four witnesses.

5. The statement of the revisionist - accused was

recorded under Section 313 of the Code of Criminal

Procedure, 1973. The revisionist denied all the

incriminating evidence, produced by the prosecution.

6. The learned trial court heard the learned counsel

for both the parties, appraised the evidence, adduced by

the prosecution, and, passed the judgment. The revisionist

- accused filed an Appeal. The learned Appellate Court has

passed the impugned judgment.

7. Heard Mr. Harshit Sanwal, the learned counsel

for the revisionist and Mr. Rohit Dhyani, the learned Brief

Holder for the State of Uttarakhand.

8. During the arguments, the learned counsel

appearing for the revisionist submitted that the present

matter is pending since 2018; at the time of the incident,

the age of the revisionist was about 21 years; the

revisionist is a student of B.S.C; the revisionist has

already served six months of his sentence and the

revisionist has no criminal history.

9. After advancing the said submissions, the

learned counsel appearing for the revisionist requested to

alter the sentence and give him (the revisionist) the

benefit of probation under the provisions of the Probation

of Offenders Act, 1958.

10. Mr. Rohit Dhyani, the learned Brief Holder

appearing for the State, has no objection.

11. The present matter is pending since the year

2018. At the time of the incident, the age of the revisionist

was about 21 years. He has already served six months of

his sentence and he has no criminal history.

12. After considering the facts and circumstances of

the case, it seems appropriate that the sentence, passed

against the revisionist, should be altered and the benefit

of probation should be granted to the revisionist.

Consequently, without altering the findings of the court

below, the nature of the sentence is being altered.

13. Resultantly, the revisionist - accused Pawan

Singh Bisht alias Rancho be released on probation of good

conduct for six months, on his entering into a bond of

Rs.30,000/- with one surety of the like amount to appear

and receive sentence when he is called during such period.

In the meantime, the revisionist is directed to keep the

peace and be of good behavior. The revisionist is further

directed to appear before the Probation Officer, Almora,

within a week from today.

14. The Registry is directed to sent a certified copy

of this order to the Probation Officer, Almora, for

necessary action.

15. Let a certified copy of this order be issued to the

learned counsel for the revisionist, today itself, on the

payment of usual charges, as per rules.

___________________ ALOK KUMAR VERMA, J.

Dt: 29th December, 2021 Pant/