IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 184 of 2007 (old No.573 of 1994) Rai Singh and others. …..…..Revisionists. Versus State of U.P. (Now State of Uttarakhand) …….Respondent Hon’ble Alok Singh, J. Mr. Lokendra Dobhal, learned counsel for the revisionists. Mr. Prabhakar Joshi, learned Brief Holder for the State of Uttarakhand/ respondent. This revision has been received from the Allahabad High Court after creation of State of Uttarakhand. Present revision has been filed under section 397 read with 401 Cr.P.C. challenging the judgment order 20.12.1991 passed by learned Chief Judicial Magistrate, Tehri Garhwal convicting the accused revisionists under 147, 148, 149, 324 IPC. Revisionist nos. 5 to 8 being female were released on probation for good conduct for two years while other revisionist were directed to undergo sentence awarded to them. In the present revision judgment /order of the Appellate court dated 07.04.1994 confirming the order and sentence passed by learned Magistrate is also under challenge. Mr. Lokendra Dobhal, learned counsel for the revisionist confined his argument only on the point that if 2 revisionist nos. 5 to 8 were released on probation same benefit ought to have been extended to other revisionists also. He stated that other revisionist do not have any criminal history. He stated that all the accused / revisionists are initially convicted for the same offence under sections 147, 148, 149, 324 IPC and on the basis of same evidence which was produced during the trial. Mr. Prabhakar Joshi, learned Brief Holder appearing for the State of Uttarakhand fairly admitted that benefit of probation ought to have been extended to other revisionists also. According to him there is no difference in facts and circumstances or grounds for denial of the same benefit to the other revisionists. He further submitted that all the accused are from one and same family. Considering the submissions I uphold the conviction awarded by learned Magistrate as confirmed by the Appellate Court. However, I am of the view that revisionists no. 1 to 4 ought to have been released on probation for two years for good conduct on furnishing personal bond of Rs. 2000/- each and one surety each of the same amount. Revision is allowed in part. Judgment passed by learned Chief Judicial Magistrate, Tehri Garhwal is modified to the extent that revisionists no. 1 to 4 shall also be released on probation for good conduct for two years on furnishing personal bond of Rs. 2000/- each and one surety for each accused of the same amount to the satisfaction of the Chief Judicial Magistrate, Tehri Garhwal. It is clarified that if either of the accused is 3 found guilty of breach of any condition or found guilty of any offence, he shall be taken into custody forthwith to serve sentence awarded by Chief Judicial Magistrate concerned. (Alok Singh, J.) 02.12.2009 SKS