Partly allowed

Satya Veer and Another v. State of U.P.

Allahabad HC7 Nov 2019CRLR/200/1999

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision in part, upholding the conviction of the revisionists but modifying the sentence. The court granted the benefit of Section 4 of the Probation of Offenders Act, 1958, ordering their release on a personal bond with conditions for maintaining peace.

What did the court decide?

Release of revisionists on a personal bond of Rs. 10,000/- each with photograph, conditioned on maintaining peace and good behaviour for two years, under Section 4 of the Probation of Offenders Act, 1

Satya Veer and Another Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 34

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Case :- CRIMINAL REVISION No. - 200 of 1999

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Revisionist :- Satya Veer And Another Opposite Party :- State of U.P.

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Counsel for Revisionist :- Rajeev Sharma,Rajeev Sawhney Counsel for Opposite Party :- Govt.Advocate

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Hon'ble Sudhir Agarwal,J.

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Heard Sri Rajeev Sawhney, learned counsel for revisionists and learned A.G.A. for State.

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This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by judgment and order dated 28.01.1999 passed by Sri Pitamber Singh, IIIrd Additional Sessions Judge, Etah in Criminal Appeal No. 43 of 1997, Satyaveer Vs. State of U.P. and Criminal Appeal No. 45 of 1997 Tejpal Vs. State of U.P., allowing appeal in part and modifying judgement and order dated 22.07.1997 passed by Sri Narayan Singh, Additional Chief Judicial Magistrate, Kasganj in Case No. 783 of 1997. Being aggrieved, revisionists preferred present revision.

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It is contended by learned counsel for revisionists that release of revisionists was sought by giving benefit of Probation of Offenders Act, 1958 (hereinafter referred to as "Act, 1958") but Trial Court rejected the same without giving any reason and Lower Appellate Court has also not examined this aspect of the matter. Learned counsel for revisionists further prayed for taking lenient view and extend the benefit of Section 4 of Act, 1958 to accused-revisionists.

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Learned A.G.A. has submitted that he has no objection if conviction of accused-revisionists is maintained.

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Considering the facts and circumstances of the case, this revision deserves to be allowed in part on the point of sentence. The conviction of accused-revisionists recorded by Court below

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is hereby affirmed and upheld. The quantum of sentence is being modified. Revisionists be released giving benefit of Section 4 of Act, 1958 on execution of personal bond of Rs.10,000/- each with photograph on the condition of maintaining peace and good behaviour for a period of two years from the date of acceptance of bond by concerned Court below. The personal bond shall be filed to the satisfaction of concerned Court below. In the event of breach of aforesaid conditions, Court below would be competent to summon the accused and would be at liberty to pass appropriate orders for sentence against accused-revisionists in accordance with law, keeping in view the judgment of Lower Appellate Court.

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With the aforesaid observations, this revision is partly allowed and judgment and order dated 28.01.1999 passed by Lower Appellate Court is modified accordingly.

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Certify this judgment to the lower Court immediately.

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Order Date :- 7.11.2019 Siddhant Sahu

Satya Veer and Another v. State of U.P.

Case brief

What is this about?

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Satya Veer and Another v. State of U.P.

Case brief

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