1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 518 OF 2009 IN CRIMINAL REVISION APPLICATION NO. 549 OF 2009 Sadik Mehmood Shaikh ... Applicant Vs. State of Maharashtra ... Respondent Mr. R.R. Bhardwaj for the applicant. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 16th September, 2009. PC : 1. This revision application is preferred against the judgment and order of conviction dated 05.09.09 passed by the Ad-hoc Additional Sessions Judge, Mumbai, confirming the judgment of conviction sentencing the accused to suffer rigorous imprisonment (R.I.) for one year and fine of Rs. 3,000/-, in default three months R.I., under Section 381 of the Indian Penal Code of the Additional Chief Metropolitan Magistrate, Mazgaon, Mumbai dated 22nd September, 2008. 2 2. The applicant-accused was caught red handed holding plastic bag containing 6 kg raw material i.e. lead and thereafter statement was recorded under Section 27 of the Indian Evidence Act. There was seizure of 12 gunny bags containing 586 kg lead. With the help of panch witnesses and other witnesses the prosecution has proved the offence punishable under Section 381 of the Indian Penal Code. Learned counsel appearing for the applicant could not point out any point of law on which the appeal was to be admitted. The ground that the property seized was not produced before the Court is not a flaw in the trial, as many a times, the property of such nature cannot be produced before the Court. Hence, the order passed by the learned Sessions Judge of conviction is just and legal. 3. At this stage the learned counsel for the applicant, on the point of quantum submits that lenient view ought to have been shown by the learned Judge as there is no antecedent to the credit of the applicant-accused. 4. By consent, the issue of sentence hence determined. 3 5. The applicant-accused has no criminal record is a relevant factor. Considering the nature of theft and the amount involved in it and the financial condition of the accused, so also the fact that he is a father of three children, sentence is reduced. The sentence of one year is altered and set aside and following sentence is considered to be proper and adequate. 6. The accused is released on the bond of good behaviour of Rs.20,000/- with two sureties of Rs.10,000/- each for a period of two years. With this, the appeal is disposed of finally. 7. Additional Chief Metropolitan Magistrate, Mazgaon, Mumbai to comply with the order till 12th of October, 2009. (MRIDULA BHATKAR, J.)