BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bhagwan and Satbir petitioners were convicted by Shri B.K. Aggarwal, Judicial Magistrate, 1st Class, Gurgaon under Ss.325/34, Penal Code. Each of them was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-. On appeal the Additional Sessions Judge, Gurgaon, upholding the conviction allowed the petitioners the benefit of S.4, Probation of Offenders Act, and released them on probation on executing personal and surety bonds in the amount of Rs.2,000/- each to keep peace and maintain good behaviour for a period of two years. Each of them was further directed to pay Rs.500/-as compensation to the injured complainant.

(2.) The petitioners have filed this criminal revision petition. Before the learned single Judge two cases decided by this Court, Sahi Ram v. State of Haryana, (1983) 2 Chand LR (Cri) 555 and Gurbachan Singh v. State of Punjab, 1977 Chand LR (Cri) 20 (Punj and Har) were cited. The learned single Judge doubted the correctness of the single Bench decisions of this Court and observed:-

(3.) The preamble of the Probation of Offenders Act, 1958, hereinafter referred as the Act, is:- "An Act to provide for the release of offenders on probation or after due admonition and for matters connected therewith." The Objects and Reasons of this Act are:- "to empower Courts to release an offender after admonition in respect of certain specified offences. It is also proposed to empower Courts to release on probation, in all suitable cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life. In respect of offenders under 21 years of age, special provision has been made putting restrictions on their imprisonment. During the period of probation, offenders will remain under the supervision of probation officers in order that they may be reformed and become useful members of society." Mainly four sections, that is, 3, 4, 5 and 6 of the Act come up for consideration in the case in hand. These are as under:-