PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Pal Singh was convicted under sec. 25 (a) of the Arms Act, 1959 (hereinafter referred to as 'the Act') and was sentenced to two month's R. L. with a fine of Rs. 200/-, in default of payment of fine to further undergo one month's simple imprisonment by the learned Munsif and Judicial Magistrate, Padampur vide his judgment dated December 10, 1982. He went in appeal. But his appeal was dismissed and his conviction was maintained by the learned Sessions Judge, Shri Ganganagar vide his judgment dated August 2, 1983. He has now come in revision.

(2.) BRIEFLY stated the prosecution case is that the accused was found in possession of one country made pistol and some cartridges on 3. 4. 79 on the road side when he was coming from Gajsinghpur by the Station House Officer, P. S. Padampur. A case was registered against him and after investigation, a challan was submitted in the court of the learned Munsiff and Judicial Magistrate, Padampur. After trial, the accused was found guilty under section 25 (a) of the Act. He had no authority or licence to possess the fire-arm. The accused was, consequently, convicted and sentenced.

(3.) IN the result, the revision of accused Pal Singh is partly allowed. His conviction under section 25 (a) of the Act is maintained but the sentence of imprisonment and fine awarded to him is for the present set aside and it is ordered that the accused will be released, if he enters into a bond for Rs. 3000/-together with one surety in the like amount to the satisfaction of the learned Munsif and Judicial Magistrate, Padampur to appear and receive sentence when called upon during the period of two years & in the meantime to keep the peace and be of good behaviour. The learned Magistrate is directed to release the accused as soon as the bonds referred to above are furnished before him. .