PATEL BECHAR NARSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision petition filed by the original complainant (first informant) against the order passed by the learned Judicial Magistrate First Class Mangrol Mr. R. C. Shah in Criminal Case No. 268 of 1968 releasing present opponent No. 2 Maiya Dolu Karsan who was original accused No. 2 on probation of good conduct. Opponent No. 2 has been convicted of an offence punishable under sec. 326 of the Indian Penal Code. He was ordered to be released on probation under sec. 5(1) of the Bombay Probation of Offenders Act 1938 (which will be hereinafter referred to as the Act) on furnishing a bond of Rs. 1 0 for a period of one year with a solvent surety for the like amount to keep and maintain peace during the aforesaid period and to receive the sentence when called upon during the aforesaid period. This order was passed on 30th December 1968

(2.) . Mr. G.C. Patel learned Advocate appearing for the petitioner submitted that the offence under sec. 326 of the Indian Penal Code is punishable with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and is also liable to fine. Maximum punishment provided for such an offence being imprisonment for life it was submitted by Mr. Patel that the trial Court has committed an error in giving benefit of sec. 5(1) of the Act to opponent No. 2. He therefore submitted that the order passed by the learned trying Magistrate releasing opponent No. 2 on probation of good conduct be set aside and in lieu of it proper and adequate sentence be passed.

(3.) Mr. J. U. Mehta learned Hon. Assistant Government Pleader who appeared for opponent No. 1 (State of Gujarat) supported the submissions made by Mr. Patel.