Shiv Kumar And Anr. vs State
2002 Latest Caselaw 981 Del

JUDGMENT

R.S. Sodhi, J.

1. This criminal appeal is directed against the judgment and order dated 22.5.1998, of the Additional Sessions Judge, whereby the learned Judge has held the appellants guilty under Section 392/34 IPC and further by order dated 23.5.1998 sentenced them to undergo R.I. for three years each with a fine of Rs.1000/- each and in default of payment of fine to further undergo S.I. for two months each.

2. Learned counsel for the appellants submits that he does not wish to challenge the conviction on merits but contends that this is a fit case where accused can be admitted to the benefit of the Probation of Offenders Act. He submits that the incident took place as far back as on 17.1.1994. The appellants have been facing the ordeal of trial for over eight years andthat they have now settled down as useful citizens and that there has been no untoward incident nor any complaint against them.He further submits that the appellants have been on bail since 26.6.1998 after suffering in carceration. Learned counsel for the State submits that in the facts and circumstances of this case he would not be averse to the benefit of the Probation of Offenders Act being extended to the appellants.

3. Having heard learned counsel for the parties and having given my careful consideration to the material available on record, I am of the view that in the present case, the appellants have suffered the agony of trial lasting for about eight years. Besides that, they have already undergone some period in custody. There is no allegation that the appellants are previous convicts. Keeping these circumstances in mind and the fact that the offence of which the appellants have been convicted is notpunishable with life imprisonment, they deserve the benefit of probation under Section 4 of the Probation of Offenders Act, 1958.

4. In this circumstance, while maintaining the conviction of the appellants, the sentence of imprisonment and fine as awarded to them is set aside.Having regard to the circumstances of the case including the nature of the offence and the character of the offenders, it is considered expedient to release the mon probation of good conduct. It is, therefore, directed that the appellants be released fora period of two years on their entering into a personal bond in the sum of Rs.10,000/- ( ten thousand) each with one surety each in the like amount to appear and receive sentence as and when called upon during such period and, in the meantime, the appellants shall keep peace and be of good behavior. The requisite bonds to befurnished by the appellants and the surety to the satisfaction of the trial court/CMM/ACMM. The fine, if already, paid, is directed to be treated as litigation expenses of the State.

5. With this modification, the order under challengeis upheld. The petition stands disposed of. The bonds directed to be furnished shall be furnished within a period of two weeks failing which the sentence awarded by the trial court shall come into effect.