STATE Vs. RAGHBIR SINGH

JUDGEMENT

(1.) WHETHER the prosecuting State can move an appeal to the Court of Session against the judgment of the trial Magistrate passed under Sections 3 and 4 of Probation of Offenders Act is the primary question which falls for determination in this criminal revision.

(2.) RAGHBIR Singh respondent was brought to trial on a charge under Section 9 of the Opium Act before the Judicial Magistrate. 1st Class, at Charkhi Dadri. Though in the first instance, the respondent had pleaded not guilty to the charge, however, during the course of the recording of the evidence of P. W. 1 he voluntarily offered to make a confession which was recorded. Basing itself on the plea of guilt, the trial Court recorded a conviction but for reasons recorded in the judgment accorded the benefit of Sections 3 and 4 of the Probation of Offenders Act to the respondent. Consequently he was directed to be released on furnishing a personal bond in the sum of Rs. 1500/- for a period of one year from the date of the order and further was directed to remain under the supervision of the District Panchayat Officer. Narnaul, for a period of one year.

(3.) THE State did not file any appeal against the order above-said but moved the Court of Sessions by wav of revision for getting the order above-said set aside. The matter came up before the Additional Sessions Judge and for the reasons recorded, he has made the recommendation that the punishment awarded to the respondent should be enhanced to six month's rigorous imprisonment.