EX-CONSTABLE AHMED MIAN Vs. UNION OF INDIA THROUGH ASSISTANT COMMANDANT DISTRICT BATTALION C R P F LUDHIANA

JUDGEMENT

(1.) AHMED Mian petitioner has come up in revision against his conviction and sentence of rigorous imprisonment for 43 days under section 10(e) and (n) of the Central Reserve Police Force Act, 1949.

(2.) THE petitioner was posted as a Constable in E Company, 21 Battalion of the Central Reserve Police Force, Ludhiana. On 1st September, 1984, the petitioner absented himself from physical training and parade and pleaded that he was unwell but ultimately it was found on the basis of medical report that he was perfectly fit to perform his duty. The petitioner was called by Sub -Inspector Om parkash to find out the reason for his absence but the petitioner got enraged and abused Sub -Inspector Om Parkash in the presence of Hawldars N.M. Khan and Shila Nath. Ultimately a complaint for the aforesaid offence was filed against the petitioner and he was convicted by the Magistrate First Class (sic) and Assistant Commandant, 21st Battalion, C.R.P.F.

(3.) MR . H.S. Mann, learned counsel for the petitioner, has not addressed me on the merits. He submits that the petitioner has to his credit 17 years of service, that he has a large family to support and that he is a first offender. Therefore, he prays that it is a fit case where the provisions of the Probation of Offenders Act should be pressed into service. I agree with the submission of the learned counsel for the petitioner suspend the sentence of imprisonment of the petitioner and order that the petitioner be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of five thousand rupees with one surety in the like amount to keep the peace and be of good behaviour for a period of one year and to appear to receive the sentence when called upon to do so in the meantime. However, in view of section 12 of the Probation of Offenders Act, by this conviction the petitioner would not incur any disqualification. This revision is thus disposed of.