YASH PRATAP SINGH BHADAURIA Vs. STATE

JUDGEMENT

(1.) R. K. Rastogi, J. Heard the learned Counsel for the revisionists as well as the learned A. G. A. for the State and perused the record.

(2.) THIS is a revision against the judgment and order dated 29-7- 1986 passed by Sri V. S. Kulshrestha, then Sessions Judge, Etawah in Criminal Appeal No. 107 of 1985, Yash Pratap Singh Bhadauria and Anr. v. State of U. P. and Anr. , Crl. Appeal No. 110 of 1985, Gajendra Misra and Anr. v. State and Criminal Revision No. 171 of 1985, Rajiv Tripathi Advocate v. Gajendra Misra and Ors. .

(3.) THE aforesaid appeals and revision were heard and decided by Sri V. S. Kulshrestha vide his judgment and order dated 29- 7-1986. He dismissed the aforesaid criminal revision, and the criminal appeals were partly allowed. He maintained the conviction of the appellants but suspended the order of sentence of imprisonment against them and they were given benefit of provisions of Section 4 of the Probation of Offenders' Act, 1958. Accordingly they were directed to furnish personal bond of Rs. 7,000/- each and two different local sureties for the same amount for keeping peace for a period of one year and being of good behaviour during this period and it was provided that the accused be released on executing these personal bonds and surety bonds of good conduct. THE order of fine imposing upon them was confirmed and they were given seven days' time to deposit the fine and it was provided that in case of default in payment of fine, they shall have to undergo imprisonment as awarded by the trial Court. It was further provided that out of the amount of fine, a sum of Rs. 300/- each would be paid from each item of the fine to the complainant as compensation and the remaining amount of fine shall remain deposited in the Government Treasury. Aggrieved with this judgment and order Yash Pratap Singh Bhadauria and Shailendra Singh Rathor have filed this revision.