Udhay Sharma vs State of Punjab

K.K. Srivastava, J.

Learned counsel for the revisionist has contended that the revisionist is a first offender. He has been convicted under Section 411, Indian Penal Code and sentenced to undergo six months'' rigorous imprisonment and to pay a fine of Rs. 500/ and in default to further suffer rigorous imprisonment for one month. The revisionist, it is alleged, looking to his antecedents, age, character and nature of offence deserves to be extended the benefit of Section 4 of the Probation of Offenders Act, 1958 (for short ''the Act''). The learned Assistant Advocate General for the State of Punjab/respondent could not place any such material before the Court from which it may be inferred that the revisionist is not entitled to claim the benefit of Section 4 of the Act.

I am of the considered view that looking to the antecedents of the revisionist and the nature of the offence, it is expedient to release him on probation of good conduct subject to the following conditions:

i. The revisionist shall be released on probation for a period of one year subject to his filing personal bond for a sum of Rs. 10,000/ and the surety in the like amount to the satisfaction of the concerned trial Magistrate within a week from the date of this order;

ii. During the period of probation, be shall keep peace and be of good behaviour;

iii The revisionist shall during the period of probation be under the supervision of Probation Officer and shall not leave the jurisdiction of the concerned Court without obtaining prior permission of he Court.

In the event of breach of any of the conditions, the revisionist shall appear before the concerned Court to serve out the sentence which is found due to be served.