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2002 DIGILAW 1252 (PNJ)

Mann Singh v. State Of Haryana

2002-11-20

VINEY MITTAL

body2002
Judgment Viney Mittal, J. 1. The petitioner Mann Singh son of Behal Singh has approached this Court through the present revision petition against the judgment dated October 25, 1989 passed by the learned Additional Sessions Judge, Bhiwani whereby his appeal against the judgment dated September 9, 1988 and the sentence order dated September 10, 1988 were dismissed. The petitioner had been convicted under Section 354 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1,000/-. 2. Prosecution version has been detailed out in the judgment of the learned Additional Sessions Judge, Bhiwani and the facts therein need not be repeated again. 3. I have heard Shri Baldev Singh, the learned senior counsel appearing for the petitioner and Shri Amol Rattan, the learned Assistant Advocate General, Haryana for the respondent. 4. Shri Baldev Singh, the learned senior counsel appearing for the petitioner very fairly concedes that he does not wish to challenge the conviction of the petitioner. Even otherwise, I find that the conviction of the petitioner is based upon the cogent evidence led by the prosecution and it has been concurrently recorded by the Courts below that the petitioner was in fact involved in the commission of offence. Shri Baldev Singh submits that the offence as per the prosecution version itself had been committed by the petitioner on April 22, 1985 i.e. almost more than 17 years back. Even the present revision petitioner has remained pending in this Court for a period of more than 13 years. 5. In these circumstances, Shri Baldev Singh, the learned senior counsel for the petitioner submits that the petitioner may be released on probation. 6. I have given my thoughtful consideration to the entire matter. 7. Keeping in view the facts and circumstances of this case especially the fact that the occurrence had taken place has remained pending in this Court for a period of more than 13 years and also the fact that the bail had been granted to the petitioner vide order dated November 1, 1989, therefore, no useful purpose would be served by sending back the petitioner to jail at this stage. 8. In these circumstances, while maintaining the order of conviction against the petitioner he is ordered to be released on probation. 8. In these circumstances, while maintaining the order of conviction against the petitioner he is ordered to be released on probation. Accordingly, the petitioner is ordered to be released on probation on his furnishing bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Bhiwani with an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive sentence during the said period if and when called upon to do so. 9. With the above modification, the present petition is disposed of.