VIRENDER SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 01.11.2003 of the Additional Sessions Judge whereby the learned Judge has declined to grant benefit of probation to the appellant/petitioner herein and while maintaining the conviction has modified the sentence awarded by the Metropolitan Magistrate from R.I. of one year with a fine of Rs.5000/- and in default of payment of fine, five months S.I. to R.I. for two months with a fine of Rs.5000/- and S.I. for five months under Section 39 of the Indian Electricity Act.

(2.) Learned counsel for the petitioner submits that he does not wish to challenge the conviction on merits but submits that this is a fit case where accused can be considered and admitted to the benefits of the Probation of Offenders Act. He submits that the incident took place as far back as on 1997. The petitioner has been facing the ordeal of trial for over 7 years and has now settled in the society as a useful citizen and there has been no untoward incident nor any complaint against him. He further submits that the petitioner has been on bail since 07.11.2003 after suffering incarceration for 15 days. Learned counsel for the State submits that in the facts and circumstances of this case she would not be averse to the benefits of the Probation of Offenders Act being extended to the petitioner.

(3.) Having heard learned counsel for the parties and having given my careful consideration to the material available on record, I am of the view that in the present case, the petitioner has suffered the agony of trial lasting for about 7 years. Besides that, he has already undergone some period in custody and there is no allegation that the petitioner is a previous convict.