Dismissed

Swaroop Mahto and Anr. v. The State Of Bihar

Patna HC9 Nov 2016CR. REV./1055/2014

Case brief

AI extract

What is this about?

The High Court of Patna dismissed the criminal revision filed by petitioners convicted under Section 323 IPC and granted probation. Having found no infirmity in the concurrent findings of lower courts and noting the lenient approach to probation, the Court held there was no reason to interfere.

What did the court decide?

The revision application was dismissed; the conviction and probation order of the lower courts were restored.

Swaroop Mahto and Anr. Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Revision No.1055 of 2014

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========================================= 1. Swaroop Mahto, S/o Late Ram Phal Mahto. 2. Ram Autar Mahto, S/o Baleshwar Mahto. All are resident of Village - Patwara, P.S. - Rajnagar, District - Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar.

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.... .... Opposite Party

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=========================================

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Appearance :

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For the Petitioner/s : Mr. Murari Narain Chaudhary, Adv.

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Mr. Mohit Shrivastava, Adv.

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Mr. Vijay Kumar, Adv.

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For the State : Mr. Ranjit Ranjan, APP

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=========================================

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL JUDGMENT & ORDER

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Date: 09-11-2016

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The petitioners in the present application, under Section 397 read with Section 401 of the Code of Criminal Procedure, are aggrieved by the judgment and order, dated 16.08.2014, passed by learned 3^rd Additional Sessions Judge, Madhubani, in Cr. Appeal Nos. 73 of 2000 / 42 of 2013, whereby, he has affirmed the judgment and order, dated 19.09.2000, passed by learned Judicial Magistrate, Ist Class,

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Patna High Court CR. REV. No.1055 of 2014 dt.09-11-2016

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Madhubani, in Trial No. 67 of 2000, arising out of G.R. No. 1565 of 1993 (Rajnagar P.S. Case No. 105 of 1993).

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2. By the judgment and order passed by learned trial Court, as indicated above, the petitioners have been convicted of the offence punishable under Section 323 read with Section 34 of the Indian Penal Code. However, they have been given benefit of Section 4 of the Probation of Offenders Act, 1958, by asking them to execute a bond of Rs. 1,000/each to maintain good behaviour for a period of one year. The said conviction, recorded by learned trial Court, has been upheld by learned 3^rd Additional Sessions Judge, Madhubani, by his judgment and order, dated 16.08.2014. He has found no infirmity in the judgment and order passed by the learned trial Court, allowing the petitioners, benefit of Probation of Offenders Act, 1958, as indicated above.

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3. There being concurrent findings of fact recorded by learned courts below, I am not inclined to accede to the submissions advanced on behalf of the petitioners that the said judgments and orders being erroneous, need interference of this Court. The concurrent findings cannot be said to be perverse on bare perusal of the said judgments and orders, since the same cannot be said to be without any basis or contrary to evidence on record.

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4. Since learned courts below have taken lenient

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Patna High Court CR. REV. No.1055 of 2014 dt.09-11-2016

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approach in the matter of giving the petitioners the benefit under the provisions of Probation of Offenders Act, 1958, I do

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not find any reason to entertain this application.

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5. This application is, accordingly, dismissed.

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Praveen-II/-c

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(Chakradhari Sharan Singh, J.)

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	10.11.2016
Transmission Date	10.11.2016

Swaroop Mahto and Anr. v. The State Of Bihar

Case brief

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Swaroop Mahto and Anr. v. The State Of Bihar

Case brief

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