MADAN LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners Madanlal and Prem Shankar were respectively convicted under Sec. 341 and 324 read with 34 Penal Code and 341 and 324 Penal Code and were awarded sentence already undergone and directed to pay fine of Rs. 300.00 each.

(2.) It is contended that the petitioners during the trial were remained in custody for a period of 15 days and they have already deposited the fine. They are in Government service and imposition of punishment would effect their right to be remained in service. As it was the first offence of the petitioners they ought to have been released under Sec. 4 of the Probation of Offenders Act. Reliance was placed on Pokhar Vs. State of Rajasthan; Cr.L.R. (Raj.) 1986 314 .

(3.) I have heard Mr. S.K. Jain, learned counsel appearing for the petitioners and the learned Public Prosecutor. I am of the view that conviction and sentence awarded to the petitioners should be maintained but, in the facts and circumstances of the case they are ordered to be released on probation if each of them furnishes a personal bond in the sum of Rs. 20,000.00 with two sureties in the sum of Rs. 10,000.00 each to the satisfaction of the trial court to maintain peace and be of good behaviour during the period of 2 years sureties which will be submitted by the parties before the learned trial court within one month from today to its satisfaction. It is further made clear that in terms of Pokhar Vs. State of Raj. 1986 Cr. L.R. (Raj.) 314 , petitioners would not be required to loose their services merely because of their conviction in this case.