GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have come up in revision against the conviction and sentence of rigorous imprisonment for three years and a fine of Rs. 1000 each, in default further rigorous imprisonment for three months each, under section 468 of the Indian Penal Code.

(2.) THE prosecution case is that Sohan Singh petitioner impersonated as Balka Singh and executed a will in favour of Gulzar Singh petitioner. Thakar Singh and Harbans Singh petitioners were the attesting witnesses to that will. That will, on investigation, was ultimately found to be forged.

(3.) MR . P.S. Mann Senior Advocate, learned counsel for the petitioners, has not addressed me on the merits. He states that the petitioners are first offenders, that they have been facing the trial since 1981, that they have been on bail under the orders of this Court since July, 1984, and that admittedly the forged document in question did not result in the deception of any party for the purpose of the conveyance of property. He, therefore, submits that it is a fit case where the provisions of the Probation of Offenders Act should be pressed into service. I feel that no useful purpose would be served by sending the petitioners to jail at this stage. Consequently I suspend the sentence of imprisonment of the petitioners and order that they be released on probation on their furnishing within two months to the satisfaction of the trial Court a bond in the sum of three thousand rupees with one surety each in the like amount to keep the peace and be of good behaviour for a period of one year and to appear to serve the sentence when called upon to do so in the meantime. However, the fine imposed on the petitioners is converted into litigation expenses payable to the State. But for this modification this revision petition fails and is hereby dismissed. Petition dismissed.