MANN DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who has been held guilty under Section 25 of the Arms Act, for having been found in possession of a country made pistol of .12 bore and has been awarded six months imprisonment and a fine of Rs. 200/ -, prays that he deserves to be released on probation in the light of the facts and circumstances of this case. What is highlighted by his learned Counsel is that the time of commission of the offence on 7th of August, 1984, the petitioner was below 21 years of age and his detention in jail would unnecessarily cause misery to his parents whom he helps in their agricultural pursuits. In support of the fact that the petitioner was less than 21 years of age on 7th of August, 1974, he produces his middle school certificate wherefrom it is clear that his date of birth is 24th of July, 1964. All that has been urged to oppose this prayer is that the petitioner had failed to bring any such material before the trial Court and in the absence of the same, this Court should not attach much weight to the above noted submission of the petitioner's counsel. Having heard the learned counsel for the parties at length, I find in the light of the observations of their Lordships of the Supreme Court in Ved Parkash v. State of Haryana, 1981 CC Cases 31 (SC), that petitioner's prayer deserves to be granted. In that case though the firm arm had actually been used yet the convict was allowed to be released on probation primarily on the basis of his age being less than 21 years on the date of the crime. For the reasons recorded in that judgment (supra). I, while setting aside his sentence, direct that he released on probation on his entering into a bail bond in the sum of Rs. 1000/ - before the trial Court with two sureties, one of whom shall be his father, to appear and receive the sentence as and when called upon during the period of two years from the date of release and in the meantime, to keep peace and be of good behaviour. He would further give an undertaking which would be incorporated in his bond that he shall not consume alcohol during the above said period of two years. Order accordingly.