The court modified the sentence considering the age of the appellants and recommendations from probation authorities.

O R D E R

1. Leave granted.

2. Heard the learned counsel appearing for the parties.

3. The appellants have preferred an appeal against their conviction rendered under Section 324 read with Section 34 of the Indian Penal Code , 1860, whereby they were sentenced to undergo rigorous imprisonment for a period of three years, and the payment of a fine of Rs.1,000/- each.

4. We had issued a notice, limited to the aspect of modifying the sentence imposed upon the appellants, by due application of the provisions contained under the Probation of Offenders Act , 1958 read with the Bharatiya Nagarik Suraksha Sanhita, 2023 vis-a-vis the then existing Code of Criminal Procedure, 1973.

Signature Not Verified Digitally signed by SWETA BALODI Date: 2025.05.30 5. The learned counsel appearing for the respondent –

16:45:25 IST Reason:

State submitted that the Probationary Officer has recommended the release of the appellants.

6. We are inclined to modify the sentence by also taking into consideration the age of the appellants, who are 85 years and 67 years of age, respectively.

7. Accordingly, the conviction stands confirmed while the sentence stands modified, by imposing the fine of Rs.5,000/- on each of the appellants, to be deposited with the High Court Legal Services Committee.

8. The fine must be paid within a period of eight weeks. We make it clear that the impugned order shall stand restored, in case of non-compliance with this order.

9. The Criminal Appeal stands allowed, in part.

10. Pending application(s), if any, shall stand disposed of.

......................J.

(M.M. SUNDRESH)

......................J.

(RAJESH BINDAL)

NEW DELHI;

21^ST MAY, 2025.

ITEM NO.18 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).16134/2024 [Arising out of impugned final judgment and order dated 24-09-2024 in CRA No.330/2005 passed by the High Court of Judicature at Bombay at Aurangabad]

SYED ALTAF SYED FASIODDIN & ANR. Petitioner(s)

VERSUS THE STATE OF MAHARASHTRA Respondent(s) Date : 21-05-2025 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) : Mr. Vivek C. Solshe, Adv.

Mr. Varun V. Solshe, Adv.

Ms. Shisba Chawla, AOR Mr. Vinay Chadda, Adv.

For Respondent(s) : Mr. Varad Kilor, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Aaditya Aniruddha Pande, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. In terms of the signed order, the Criminal Appeal stands allowed, in part.

3. Pending application(s), if any, shall stand disposed of.