JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Jaspal Singh was held guilty of the offence punishable u/S. 324 I.P.C. by the learned Judicial Magistrate 1st Class, K. Mukatsar on 7.8.93. On the -same date, learned trial Court sentenced him to undergo R.I. for one year and to pay a fine of Rs. 1,000/ -. In default of payment of fine, he was to undergo further R.I. for one month. The petitioner preferred an appeal and the learned Additional Sessions Judge, Faridkot reduced the sentence from one year to six months only.

(2.) THE sole prayer made by the learned counsel for the petitioner is that his client may be released on probation pointing out that he is young in age and is the only son of his parents. He has also highlighted the fact that the petitioner is in custody since 28.9.1994 when the appeal filed by him was dismissed by the learned Additional Sessions Judge.

(3.) KEEPING in view the facts and circumstances of the case and the young age of the petitioner, it is felt that the law must keep its promise and provisions of Section 363 Cr.P.C. must come into play. Accordingly, it is directed that the petitioner be released on probation, on good; conduct subject to his entering a bond in the sum of Rs. 5,000/ - with - surety of the like amount to the satisfaction of the learned trial Court. He will appear and receive sentence as and when calls upon during such period of one year and in the meantime, keep a peace and be of good behaviour. Order accordingly