Petitioner challenged conviction and sentence under Section 411 IPC modified by appellate court via Probation of Offenders Act. Court dismissed revision as petition became academic after two-year probation bond period expired.
Criminal Revision No.526 of 2015 is dismissed as having rendered infructuous.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Revisional Jurisdiction)
Criminal Revision No. 526 of 2015
Mahendra Mahto, son of late Sheo Shankar Mahto, resident of Kurmidih, PO&PS-Balidih, District-Bokaro ... ... Petitioner
... ... Petitioner
Versus
The State of Jharkhand … ... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. R.C.P. Sah, Advocate For the State : Mrs. Ruby Pandey, APP
Order No. 05/ Dated: 18th April 2022
The petitioner was convicted and sentenced to R.I for one year under section 411 of the Indian Penal Code.
2 Criminal Revision No. 526 of 2015
Probation of Offenders Act by directing them to execute undertaking to maintain peace and good behaviour for a period of two years and a bond of Rs.10,000/- with two sureties of the like amount with a condition that on failure of the accused to observe the conditions they shall undergo the sentence awarded to them in T.R No.1273 of 2013.
9. So far as the sentence is concerned, considering the facts and circumstances of the case as well that the case is of the year 2006 and since then the appellants are facing consequences of the case, therefore, it will be proper to give the benefit of Probation of Offenders Act to the appellants. Hence, appellants are directed to be released u/s 4 of the Probation of Offenders Act after entering into bond of Rs.10,000/- with two sureties of the like amount each for keeping peace and good behaviour for a period of two years, failing which, they will appear and receive the sentence as passed against them by the learned trial court.
10. With the aforesaid interference in the order of sentence, both Criminal Appeal No.07/2014 and 08/2014 are dismissed.”
(Shree Chandrashekhar, J.)
R.K.
Mahendra Mahto
The State of Jharkhand
SHREE CHANDRASHEKHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
