1 APEAL-764.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO.764 OF 2010 The State of Maharashtra .... Appellant Vs. Sanjay Shankar Kadam & Ors. .... Respondents Ms M.M. Deshmukh, APP, for the Appellant-State. Shri Shekhar A Ingawale for the Respondents. CORAM: R.C. CHAVAN, J. DATED: AUGUST 09, 2011 P.C: This appeal is filed by the State seeking enhancement of sentence imposed upon the respondents by the learned trial Magistrate for the offences punishable under Section 323 r/w Section 149 and Sections 143 and 147 of the IPC. The respondents had questioned their conviction and sentence before the Court of Sessions which confirmed the conviction but ordered the release of the appellants-accused on probation directing the respondents to pay compensation to the victim. The learned Additional Sessions Judge held that, taking into consideration the circumstances and the 2 APEAL-764.10 nature of the prosecution case as also the fact that the offence occurred on the spur of the moment, he extended the benefit of probation to the respondents. It cannot be said that the view taken by the learned Judge is perverse or untenable, since the respondents were not hardened criminals. Considering the nature of the offences committed by the applicants, their being sentenced to a short term of imprisonment would not have served any purpose other than making them mingle with criminals in jail. Therefore, since the view taken is not shown to be thoroughly untenable, the appeal is summarily dismissed. (R.C. CHAVAN, J.)