KAKKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Public Prosecutor, for the State.

(2.) LEARNED counsel for the petitioners has not assailed the conviction of the accused petitioners under Sections 324, 147/148, 452 and 325 IPC. His only submission is that occurrence took place on 31st October, 1972, at about 3.00 p.m. The trial was protracted and concluded on 11th September, 1980 and taking into consideration this fact and the fact that the offence for which the accused persons were convicted is such which could have been dealt with under Section 4 of the Probation of Offenders Act, 1958, the learned courts below instead of sentencing the accused petitioners should have extended the benefit of Section 4 of the Probation of Offenders Act.

(3.) I , therefore allow this revision petition in part. While maintaining the conviction of the accused petitioners Kaka Singh, Balwant Singh and Budh Singh under the various offences under which they have been convicted, taking into consideration the facts and circumstances of the case, nature of the offences, the character of the offenders, it is a fit case which should be dealt with under Section 4 of the Act. It is, therefore, directed that each of the accused petitioners Kaka Singh, Balwant Singh and Budh Singh, shall be released on probation of good conduct on each of them entering into a personal bond in the sum of Rs. 3,000/ - with one surety in the like amount to the satisfaction of the trial court to appear and receive sentence as and when called upon to do so during a period of one year and in the mean time keep peace and be good behaviour. The moment bonds are executed to the satisfaction of the trial -court the accused petitioners be released forthwith if not needed in any other case.