COURT ON ITS OWN MOTION Vs. MOHINDER SINGH

JUDGEMENT

(1.) IN this case, this Court suo-motu, initiated this revision by issuing notice to Mohinder Singh respondent, who was a Head Constable in the Punjab Police to show cause as to why the order of the learned Additional Session Judge, Ludhiana dated 9th of September, 1981, releasing him on probation under section 4 of the Probation of Offenders Act, 1958, hereinafter referred as the act, be not set aside and in lieu there of sentence awarded to him in accordance with law.

(2.) THE facts of the case are that on March 27, 1978 Captain Naresh Inder Singh had gone to the Mini Secretariat, Ludhiana, on his motor-cycle, Royal Infield, bearing Registration No. ADR-6675. He parked the motor cycle outside the building of the Mini Secratariate and went inside in connection with some official work. On his return he saw his motor cycle missing. He made a report about this theft at Police Station Civil Lines, Ludhiana. On 31st of March, 1978, Ajiab Singh Sub Inspector of the c.I.A. Staff was checking motor vehicles at Chowk Bhaiwala in the city of Ludhiana. At about 10 a.M. the respondent came to that chowk driving a motor cycle. The Registration No. was not displayed on the number plate the words "police" and "M.S. Gill were freshly painted. On suspicion,the respondent was stopped. The engine and chassis No. of the motor-cycle in possession of the respondent was tallied with the machine reported to be stolen vide F.I.R. No. 196 dated 27th of March, 1978 of Police Station Civil Lines Ludhiana. Mohinder Singh respondent had no documents with him to justify the possession of the motor cycle with him. Ajaib Singh Sub-Inspector recovered the stolen motor-cycle from Mohinder Singh respondent.

(3.) AFTER trial, Mohinder Singh respondent was convicted of this offence and sentenced to undergo rigorous imprisonment for two years pay a fine of Rs. 2,000/-. In default of payment of fine he was further sentenced to undergo rigorous imprisonment for six months. Mohinder Singh did not feel satisfied with he order of conviction and preferred criminal Appeal No. 581/127 of 1980 Mohinder Judge Singh v. The State, before Shri Gurjit Singh Sandhu Additional Sessions Judge, Ludhiana. Before the learned additional Sessions Judge, the order conviction was not challenged on behalf of the Sessions Judge, the order conviction was not challenged on behalf of the respondent Pleading that Mohinder Singh was not a previous convict, prayer was made on his behalf to release him on probation. The learned Additional Sessions Judge accepted the prayer on his behalf and maintaining the order of conviction directed his release on probation under section 4 of the Act to maintain peace and good behaviour for one year on his executing a bond in the amount of Rs. 5,000/- with one surety. Because of conviction in theft case, Mohinder Singh was dismissed from service by the police authorities. He challenged the order of dismissal through Civil Writ petition No. 1334 of 982 in this court which was dismissed on 22nd of March, 192. After that dismissal, S \s. Sandha-walia, Chief Justice, who was heading the Bench hearing the petition, issued this notice dated 29th of MAy, 1982. suo-moto there is no dispute about the powers of the High Court to issue notice in case of inadequate of sentence at its own if the State has not moved a revision for enhancement of sentence. In Nadir Khan v. The State (Delhi Administration) Unreported Judgments (SC) 1975, Page 549, it has been held:-