IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 37 OF 2009 Shri. Sayaji Namdeo Ahire and anr. ...............Applicants V/S. The State of Maharashtra .............Respondent ---------- Mr. Rahul Kate i/by. Mr. S.M. Sabrad, advocate for applicants. Miss. A.T. Jhaveri, APP for State-respondent. CORAM :- S.C. DHARMADHIKARI, J. DATED :- 21 st JANUARY, 2010. P.C. :- 1. This is a revision against a conviction and sentence. The conviction and sentence of the trial court has been mantained in appeal. 2. There is no reason to interfere when the applicants who are on guard duty and posted at the sub-jail were found to be negligent and resultantly the prisoners escaped. The applicants therefore have been charged for the offences punishable under Section 223 read with Section 34 of IPC. They were sentenced to suffer further simple imprisonment till rising of the court and to pay fine of Rs.500/- each. Although, Mr. Kate would like me to go through the deposition of some important witnesses with a view to butress his submission that the courts below failed to exercise their jurisdiction, I am not inclined to go into the same. Concurrently, it was found that these are police constables attached to control room. They were on duty as jail guards. The witnesses have deposed that the duties were assigned to them. However, it was noticed that there was a T.V. and V.C.R. in Cell No.1 and a film was being shown. The accused applicants were present and that is how the prisoners took advantage and escaped. 3. In these state of affairs and when it has not been disclosed as to how the findings are perverse or vitiated by any error apparent on the face of the records, impugned orders otherwise resulting in serious miscarriage of justice, there is no reason to interfere. The Revision Application is dismissed. [S.C. DHARMADHIKARI, J]