RAMAN KUMAR, Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals are directed against the judgment and order dated 18.11.1997 of the Additional Sessions Judge in Sessions Case No. 106/96 holding the appellants guilty under Section 411 IPC. Further, the learned Judge vide his order dated 19.11.1997 sentenced the appellants to undergo RI for three years each and to pay a fine of Rs.3,000/ - each and in default of payment of fine to further undergo RI for six months each.

(2.) LEARNED counsel for the appellants, Raman Kumar, Irshad, and Shanker do not wish to challenge the order of conviction and confine their arguments only to the question of sentence. I, Therefore, confirm the order of conviction. It is submitted that the occurrence took place as far back as on 8.2.1994 and the appellants have been facing the ordeal of trial for nearly 7 years. It is also submitted that Raman Kumar (appellant in Crl.A.457/97) has already undergone imprisonment for one year and two months, Irshad (appellant in Crl.A.469/97) has undergone one year and one month. As regards Shanker, (appellant in Crl.A.474/97), it is stated that he has served sentence of imprisonment four months more than as was awarded to him by the trial court. Learned counsel for Shanker, in this view of the matter, states that Shanker having completed his sentence, ought to be released on the period already undergone and ought not be required to undergo further imprisonment even though a question has arisen whether in default of payment of fine he was to undergo six months imprisonment in addition to what he has already undergone. In the case of Raman Kumar and Irshad, it is argued that they having undergone substantial amount of their sentence, no useful purpose served in requiring them to undergo the remaining portion of their sentence and ought to be given the benefit of Probation of Offenders Act. Learned counsel for the State submits that in the facts and circumstances of this case he would not be averse to the benefit of the Probation of Offenders Act being extended to these two appellants.

(3.) IN this circumstance, while maintaining the conviction of the appellants, the sentence of imprisonment and fine as awarded to them is set aside. Having regard to the circumstances of the case including the nature of the offence and the character of the offenders, it is considered expedient to release them on probation of good conduct. It is, Therefore, directed that the appellants, Raman Kumar and Irshad, be released for a period of two years on their entering into a personal bond in the sum of Rs.10,000/ - (ten thousand) each with two sureties each in the like amount to appear and receive sentence as and when called upon during such period and, in the meantime, the appellants shall keep peace and be of good behavior. The requisite bonds to be furnished by the appellants and the sureties to the satisfaction of the trial court/CMM/ACMM within a period of three weeks failing which the order of the trial court shall come into effect. The fine, if already, paid, is directed to be treated as litigation expenses to the State.