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1987 DIGILAW 506 (ALL)

Shiv Pujan v. State of U. P

1987-04-25

R.A.MISRA

body1987
JUDGMENT R.A.Misra, J. - Admit. 2. Issue Notices. 3. Learned counsel for the State has taken notice and is prepared to argue the matter. Therefore it can be disposed of forthwith. The appellant has been convicted under Sections 323 and 506 (2) I.P.C. and sentenced to undergo two months R.I. under Section 323 I.P.C. and 15 days R.I. under Section 506 (2) I.P.C. with directions that both the sentences shall run concurrently. Both the courts below have held that the accused appellant has committed the aforesaid offences. I agree with the findings of fact arrived at by them. The offences punishable under Section 323 and 506 I.P.C. are proved beyond doubt against them. They have been rightly convicted by the courts below. The applicant has been sentenced to undergo R.I. for a period of two months under Section 323 I.P.C. and 15 days R.I. under Section 506 I.P.C. with direction that the sentences shall run concurrently. The applicant is not a previous convict. He is resident of village Kaute Kothi, Civil Lines, Mirzapur. The courts below have not given any reason whatsoever for not having extended the benefit of Probation Act to the applicant and have thereby committed gross irregularity. The trial Court as well as the revisional court were required to apply their mind whether the applicant deserves to be released on probation of good conduct and were further required to give reason for not having extended the benefit of Probation Act to the applicant. Unfortunately both the Courts below have failed to give any reason whats over. No useful purpose is likely to be served by keeping the applicant in jail for a short period of two months. On the other hand his association with hardened criminals is likely to have adverse effect. It is therefore a very fit case where instead of requiring the applicant to serve out the sentence of two months he should be released on probation of good conduct for a period of nine months. The revision shall therefore be allowed accordingly and instead of requiring the applicant to serve out the sentence he shall be directed to be released on probation of good conduct for a period of nine months. 4. The revision is therefore partly allowed. The revision shall therefore be allowed accordingly and instead of requiring the applicant to serve out the sentence he shall be directed to be released on probation of good conduct for a period of nine months. 4. The revision is therefore partly allowed. The conviction and sentence passed against the applicant accused is upheld but instead of requiring him to serve out the sentence at once he is directed to be released on probation of good conduct for a period of nine months subject to his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate Pratapgarh to appear when called upon during the aforesaid period and in the mean time to keep the peace and be of good behaviour. He is allowed fifteen days time to execute the personal bond and furnish the sureties. 5. Let a copy of this judgment be issued to applicant's counsel on payment of usual charges by tomorrow.