Nirmaljit Singh vs State of Punjab

Pritpal Singh, J.

The petitioners Nirmaljit Singh, Jugraj Singh Shabeg Singh and Baldev Singh stand convicted under Sections 323, 342 and 448 of the Indian Penal Code. Each of them was imposed fine of Rs. 500/ under Section 323, and was sentenced to six months rigorous imprisonment jointly under Sections 342 and 448, Indian Penal Code. They filed the present revision petition to challenge their conviction and sentence which was admitted only to the extent of considering the matter of sentence.

The contention of the petitioners counsel is that benefit of probation may be extended to the petitioners. There seems to be no reason to deny this benefit to them. The petitioners are first offenders and they have not been convicted for any grave or heinous offence. The maximum punishment provided under all these Sections is one year''s imprisonment and fine of Rs. 1,000/. Having regard to the antecedents of the petitions and the nature of offence they are directed to be released on probation for a period of one year, each of them entering into a bond in the sum of Rs. 5000/ with one surety in the like amount to the satisfaction of the trial Court to appear and receive sentence when called upon during the probationary period and in the meantime to keep the peace and be to good behaviour. Each of them will also pay Rs. 500/ as costs of proceedings. If the fine imposed upon them has already been deposited, if may be adjusted towards the costs of the proceedings.

With this modification to the order of sentence this revision is dismissed on merits.