Preet Singh vs State of Punjab

K.K. Srivastava, J.

This revision has been filed by Preet Singh, Balbir Singh and Prem Singh who were convicted by the learned Magistrate and sentenced to various terms of sentences and fine as under :

Preet Singh was convicted under Section 325 IPC and sentenced to suffer 11/2 years R.I. and to pay a fine of Rs. 500/ and in default to undergo two months further R.I. He was also convicted under Sections 324/34 IPC and sentenced to suffer 11/2 years R.I.

Balbir Singh was convicted under Section 325 IPC read with Section 34 IPC and sentenced to suffer 1 year R.I. and to pay a fine of Rs. 500/ and in default of payment of fine to undergo further R.I. for two months. He was also convicted under Section 324 IPC and sentenced to undergo 1 year R.I.

Prem Singh was convicted under Sections 325/34 IPC and sentenced to suffer 6 months R.I. and to pay a fine of Rs. 500/ and in default of payment of fine to undergo further R.I. for two months. He was also convicted under Sections 324/34 IPC and sentenced to undergo 6 months R.I.

The substantive sentences awarded to the three petitionersrevisionists were ordered to run concurrently. These accused revisionists feeling aggrieved against their conviction and sentence, as ordered by the learned Magistrate filed an appeal in the Court of Sessions Judge, Bhatinda which came up for hearing before the Additional Sessions Judge, Bhatinda who, vide order dated 10.7.1995, dismissed the appeal as regards the conviction recorded by the learned Magistrate as also the sentences so far as accused Balbir Singh and Prem Singh are concerned. He, however, reduced the sentence of revisionist Preet Singh awarded under Section 324/34 IPC from 11/2 years R.I. to six months R.I. under Section 324/34 IPC. The other sentences were affirmed by the learned Additional Sessions Judge.

The accused persons have now challenged the legality and correctness of the conviction and sentence awarded to them by the Courts below and have filed this revision petition. At the time of hearing at admission, the revision was admitted qua sentence only and notice thereof was issued to Advocate General, State of Punjab.

The learned counsel appearing for the revisionists submitted that the revisionists are the first offenders and they have no previous conviction recorded against them and therefore, it has been contended that benefit of Probation of Offenders Act to be given to them and instead of sending the revisionists to suffer the substantive sentences in jail they should be released on probation for a period to be fixed by this Court and subject to other conditions which may be deemed proper by this Court.

I have heard learned AAG for the State of Punjab also who has not disputed the fact that the revisionists are the first offenders. Looking to the facts and circumstances of the case and the antecedents as pointed out by the learned counsel for the revisionists, I consider it appropriate and in the interest of justice that the said prayer of the revisionists for being released on probation be accepted. Since nothing was submitted regarding the quantum of sentence awarded to the revisionists, the sentences awarded to them are maintained as such. The revision is accepted to the extent that accused/revisionists Preet Singh, Balbir Singh and Prem Singh are given benefit of being first offenders, under the Probation of Offenders Act and ordered to be released on probation for a period of one year subject to each one of them furnishing a personal bond for a sum of Rs. 10,000/ and two reliable sureties of the like amount to the satisfaction of trial Magistrate (Judicial Magistrate Ist Class, Bhatinda) and further that during the period of probation they shall keep peace and be of good behaviour. The bail bonds etc. shall be filed within two weeks from the date of the order. In the event of breach of any of the conditions, the revisionists found committing breach shall surrender to the sentence and be sent to serve out the sentence. Revision is disposed of accordingly.