2006 Supreme(All) 2765

[2006(8) ADJ 41 NOC]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
INDRAJEET SINGH AND OTHERS .........Revisionists
Versus
STATE OF U.P. AND ANOTHER ........Opposite Parties
(Criminal Revision No. 4285 of 2006, decided on 10th October, 2006)

Headnote:Criminal Procedure Code, 1973—Sections 360, 361, 313, 284 and 325—Penal Code, 1860—Sections 323, 325 and 504—Offences under—Release on probation of good conduct—Occurrence taken place 14 years back—And at spur of moment—Parties neighbours—No bad antecedents against accused—Trial Court not followed mandate of law, as provided under Section 361, Cr.P.C. that recording of special reasons, accused was not released on probation was a must—Held, period of imprisonment awarded to them, into one under fine—Total amount of fine Rs. 14,000/- was awarded—Out of which Rs. 10,000/- to be paid to informant as compensation—In case of failure, non-bailable warrant of arrest would issue by C.J.M., and then send them to jail.