Nathu Singh and Others vs State

R.S. Sodhi, J.—This revision petition is directed against the judgment and order dated 29.7.1998 of the learned Additional Sessions Judge dismissing Crl. A. No. 49 of 1996 arising out of the order of the learned Metropolitan Magistrate, whereby the learned Magistrate held the petitioners guilty u/s 447/34 IPC and further vide separate order sentenced them to undergo RI for three months with a fine of Rs. 500/- each and in fault of payment of fine to further undergo RI for 15 days.

When the matter called out for hearing, nobody appeared for the petitioner. The Court cannot plead with Advocates to come and attend to their cases. It is for the petitioners to ensure that their counsel is present in the Court if they want the case to be represented by him. Since this case has been shown on the list for a sufficient amount of time, it can brook no further delay. I, Therefore, appoint Ms. Pooja Jain, Advocate, who is present in court, as amices Curiae to assist me in this case.

With the assistance of the learned amices Curiae and learned counsel for the State, I have gone through the record of the case as also the depositions and the judgment under challenge. Learned amices Curiae states that she is not in a position to challenge the order of conviction. I, therefore ,confirm the order of conviction. However, on the question of sentence, it is argued by the learned counsel that the petitioners have already undergone ten days in jail. She submits that the petitioners have been on bail since 3.8.1998 and that there has been no complaint about their having belied the trust bestowed upon them by this Court. She further submits that the petitioners are also not previous convicts and have by now assimilated in the main stream of society as a useful citizen, Therefore, no useful purpose would be served in requiring them to undergo the remaining portion of their sentence at this belated stage. Learned counsel for the State has no objection if the sentence of imprisonment of the petitioners is reduced to that already undergone.

Having heard learned counsel for the parties and in view of what has been stated by learned counsel for the State, I am of the view that the ends of justice would be met if the sentence of imprisonment of the petitioners is reduced to that already undergone. I order accordingly.

With this modification, Criminal Revision No. 287of 1998 is disposed of.

The petitioners are on bail. Their bail bond and the surety shall stand discharged.