Irshad Ali v. State of U.P.
Case brief
What is this about?
Court partly allowed criminal revision. Affirmed conviction for theft but granted probation of good conduct under Section 4 Probation of Offenders Act 1958 due to first offence and prolonged pendency of proceedings.
What did the court decide?
Conviction affirmed; revisionist released on probation for one year with bond and two sureties; fine to be deposited; bond cancellable on failure.
What the court decided
Neutral Citation No. - 2024:AHC-LKO:27510
Court No. - 15 Case :- CRIMINAL REVISION No. - 289 of 2012 Revisionist :- Irshad Ali Opposite Party :- State of U.P. Counsel for Revisionist :- Anil Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the revisionists, learned A.G.A. and perused the record.
2. Present criminal revision has been filed against the judgment and order dated 31.8.2012, passed by Additional Judge, Court No.6, Barabanki in Criminal Appeal No.31 of 2012 as well as the judgment and order dated 18.2.2012 passed by Chief Judicial Magistrate, Barabanki in case No.5203 of 2004 arising out of case crime No.656 of 2004, P.S. Kotwali, district Barabanki whereby the revisionist has been convicted and sentenced under section 411 I.P.C. for three years R.I.
3. At the outset, learned counsel for the revisionist submits that he is not challenging the impugned judgment and order of conviction and he is confining his submission only with respect to the order of sentence.
4. As per the prosecution case, it is alleged that on 25.6.2004, the complainant went to attend marriage in Kanpur along with his family. On 27.6.2004 when he returned, he saw that the lock of the door was broken and the cash, jewellery etc were missing. Accordingly, a written report was given which was registered under sections 457, 380 I.P.C.. On 3.8.20024, the accused persons were arrested and section 411 I.P.C. was added. After investigation, charge sheet was filed under sections 457, 380 and 411 I.P.C.. The accused Mohammad Vaseem alias Vikki, Irshad Ali, and Akhtar Ali were produced before the court. Charges were framed. They denied the charges and pleaded trial.
Issues for consideration
3 issues framed by the court
Whether the benefits of the Probation of Offenders Act, 1958 should be granted to the revisionist who is a first offender.
Whether the trial court's failure to consider the applicability of Section 360 Cr.P.C. or the 1958 Act warrants intervention.
Whether the revisionist can be released on probation on account of the pendency of the trial and appeal for a decade.
Coram
Karunesh Singh Pawar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- /289/2012
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