State vs Unknown
2022 Latest Caselaw 3022 UK

CRLR No.538 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Mohd. Azim, Advocate for the revisionist.

Mr. Pankaj Joshi, Brief Holder for the State.

The challenge in this revision is made to the judgment and order of conviction recorded in Criminal Case No.472 of 2011, State Vs. Harkesh & others, by the court of 1st Additional Civil Judge (Junior Division)/ Judicial Magistrate, Kashipur, District Udham Singh Nagar ("the case"), by which the revisionist has been convicted under Section 379 IPC and sentenced to 2 years rigorous imprisonment with a fine of Rs. 5,000/-. The challenge is also made to judgment in appeal, by which though conviction has been upheld but the sentence has been reduced to 3 months simple imprisonment with fine of Rs. 6,000/-.

Learned counsel for the revisionist, at the very outset, would submit that he would like to seek the indulgence of this Court that the revisionist may be released on probation.

To the extent of examining the correctness of sentence, the revision is admitted.

Admit.

Learned State Counsel may get instructions, so as to assist the Court in arriving at an adequate sentence/probation.

List this matter on 17.10.2022.

(Ravindra Maithani J.) 19.09.2022

RV