Shankaria vs State of Rajastaan

S.S. Vyas, J.—Accused Shankaria was convicted u/s 324, IPC and sentenced to one year''s rigorous imprisonment by the learned Munsif and Judicial Magistrate Bilara vide his judgment dated May 12, 1981. He went in appeal. His conviction was maintained but the sentence was reduce to six months. He has now come in revision to this Court.

Learned Counsel appearing for the accused petitioner did not challenge his conviction. The only submission made by him is that the accused is a young man and benefit of the probation of good conduct should be extended to him u/s 360, Cr. PC.

Admittedly, no previous conviction stands at the discredit of the accused. He is a young man. In these circumstances, it would not be improper to release him on probation of good conduct u/s 360, Cr. PC.

In the result, the revision is partly allowed. The conviction of accused Shankariya u/s 324, IPC is maintained but the sentence awarded to him is for the present set aside and it is hereby ordered that instead of sentencing him to any punishment, he will be released, if he enters into a bond for Rs. 1000/- (Rupees one thousand only) with one surety in the like amount to the satisfication of the learned Munsif and Judicial Magistrate, Bilara to appear and receive sentence when called upon during the period of two years and in the meantime to keep the peace and be of good behaviour. The learned Munsif and Judicial Magistrate, Bilara is directed to release the accused as Soon as the bonds referred to above are furnished defore him.