IN THE HIGH COURT O? JUDIC^URE_CHHATr^3&iaPAT BILASPUR CR._SEV.NO. y2os : AEPLICANT «*" ^l0<.»tel 8 Vipin Tiwa^i S/o padaan Tiwari, Aged about 40 years* OccupatlonsGovt.Servant (Constable) — B/Q near Bavali Kuna,Baj.k:untftpur District-Ratgarh (CS).. e tO'0' VERSUS NON-&PPLICANT Stqte of Chhattisgarb , Throagh P.S. Kotwali, Raigarb Bi strict-Raigarti (CGV . CRIMINAL REVISIOH 0/S__397_READ WITH SECIION 401 QF THE COBE OF CRIMINAL PROCEDURE llliitliiuiitt^tFI] NNiliillltT .;^N^1 isii^a^iift-ii* ^H'sn^TWRW nwMi's(»*<itt> '3%[ "4l<4l<yf'tt,:®ii1'y'is,R«?iiyy<' _............£Gf<^...MU.•^200 sn^i 'q^^ (i??s'l<*.q) ~7.—~ BWIW tifttl a»l^t 29-3-2003 Shri P. Diwgkiar', counsel f Miss Sharmila Singh^i, b| l-1eard boththe counsel.sl Tlie accused/applicant Section 397 read with section aggr'ieved by the jydgment date| No. 152/2001 by the lrt Additii| the judgment dated 21 AL^ Magistrate, Raigarh in criminal The iearned Chief accused/appiicont aiong with ott Sections 294 and 323 read wif| fine of Rs. 2000/- and imprisoi 5GO/-, in default of payment of' and 15 days r'espectively. On a[ while rnaintcining the convicttQi I.P.C., reduced the sentence fr]»m fSitA-fl'^vSiau^M-aSi +«**- ^whereas the conviction and Section 2941.P.C. I have heard Ihe tearned lesrned Deputy &ovt. Advocate f *iifci'ifl-f yitit'if^F Is-cl tl^Ksi'i. ^T 3TRPT:-3TI^T forthe applicont, iputy 6ovt. Advocate for the State, l|ias preferred this criminal reyision under |01 of the Code of Criminoi Procedure, being 21 Jonuary 2CX)3 piissed in crimina! appeal >nal Sessions Judge, RQigarh, arising out of ust 2001 passed by .the Chief Judicial c|ase No. 593/1998. Judicial Magistrate, , convicted 'jthe ^er dccused persohs fo.r the offences Uncler l-|i 34 of the I.P.C. and sentenced him to pay |ment of six months and to pay fine of Ss. |fjne to further undergo K.I. for two months [peat the learned AdditionQl Sessions Judge under Section 323 read with Section 34 _six months to^ tilj^rising of the Court, pt't.tt- n.»w,TuA<t- ^C- of fine both were maintained-under senttence counsel for the accused/appiiCant ond the brthe State. GRPRJ—FS/?8— a/20CH—50,000. t-/ •••I'B a -R'UM 'S'SEI "'<l'41d'><, ®Ti1wi<o,fsicit'yy <IWWT ti»*ii<t> -W1,200 i\^sy- :s.-': sn^I •'I3W (yilji^) :; 'i. ai^t^ii kw W <*ti^n a**1w 1<?<1 Ofl^I ^ww; ^ii^o ofi -^- The learned counsel fbrl accused is a constable working in of tiil rising of the Cour-t and ^] <i likelihood that it witt affect his \. . record which goes to show that| &4-. offencfr on the ff'evMusltfiu&^s order to protect his service, the] the accused/applicant argued that the |the Poliee Depar-tment and if thesentences ine are not set aside then there is every iervice carrier ahd there is nothing on the the accused/applicant has committed dny i. He is a public servant, therefore, in Ibenefit of the Probationof Offenders Act -^ may be extended to him. The !earned Deputy $ov| against the accused/applicant crimina! activities. J/»v1-^-fiWai(^ieat'dthe learned the fact that the accused/app offence and also hoving regari Offsnders Act and also the provi the opinion that it is a fit case] extended the benefit of thsse pr conviction under Sections 294 d sentence awar'ded till rising of th ond the accused/applicanf should Probation of Offenders Act pro< sum of Rs. 5.000/- with a surety . of the trial Court with a condr <t)l<li?l<fl'f 'WTCif'if'fetztTRiR^R 'ifratRiflsn^T \. Advocate could not point out anything at|out his conduct or involving in any other csjunsel forthe parties andhwir^ regard to |cant is a public servant, it is his first to the provisions of the Probation of itions of Section 360 of the Cr.P.C., I am of in which the accused/applicant should be (ovisions. Thefefore, while maintaining the c|nd 323 read with Section 34 I.P.C., the ib Court and sentence of fine are set-aside be given.the benefit of Section 4 of the I'ided he furnishes a personal bond in the iin the likewise amount to the satisfaction ^on thcri' he wil! maintain peace and good I GRPRJ—FS/'S—.$-7200(.—50,000. sn^i ^i Ri-ii* WT3IT^Tst>4 <;- '731 ••yi'llld'M, ®T)l'H'i|<o,[s|<11'!H>j,< *<l*<CTKt>*11tt» •W1206 311^TRT('I^f3^0 XWiiw ^t^a •aii<;<i behoviout- for a period o-f on\ offence during th»s period a| period, tHen he will appear'! awarded by the trial Court. With this o6serwations Partiesare entit-led tor qinf?Pft:T ''II'ftS 4'ft<2> tpi|<$l< ^R'3?RPf ^n$<i i year from todcy and he will not commit cny id if he wili comrnit any offence during this before the Court to r'eeeive the sentence this revision stands disposed of. cer-tified copy of this order. SdA L.C. Bhadoo Judge