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2013 DIGILAW 1223 (RAJ)

Lal Singh v. State of Rajasthan

2013-07-09

MAHESH CHANDRA SHARMA

body2013
JUDGMENT 1. - The accused appellant Lal Singh has filed this appeal against the judgment and order dated 16.12.1988 of the Additional Sessions Judge No. 1 Bharatpur in Sessions Case No. 41/1987 whereby he has been convicted under Section 325 I.P.C. to suffer sentence of one year R.I. and fine of Rs. 3,000/- and in default of payment of fine to further suffer three months R.I. 2. The learned counsel for the appellant has not challenged the conviction of the appellant under Section 325 I.P.C. but he has only requested that the occurrence took place on 15.2.1987 which is 26 years ago and the accused appellant is having family and he belongs to a respectable family, hence, he should be released on probation. 3. The learned Public Prosecutor opposed the same. 4. I have heard the learned counsel for the parties. 5. It is an admitted fact that the accused appellant faced the trial and appeal period almost 26 years and he belongs to a respectable family and having his family and children. After considering all the facts and circumstances of the case particularly the age of the accused appellant and already faced the trial and appeal period for the last 26 years, I am of the view that ends of justice would be met in case the accused appellant is given the benefit of Section 360 Cr.P.C. and Section 4 of the Probation of Offenders Act.Consequently, this appeal is partly allowed. The conviction of the appellant under Section 325 I.P.C. is maintained, but sentence of imprisonment awarded against him is set aside and it is hereby directed that if he executes a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial Court with stipulation to appear and receive sentence when called upon to do so within a period of one year and in the meanwhile to keep peace and be of good behaviour, the accused should be released. The bonds should be furnished within two months, failing which the trial Court shall take steps that the accused is called upon to undergo the sentence awarded.Appeal patly allowed. *******