MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200, in default of payment thereof to undergo further rigorous imprisonment for one month, by the Additional Sessions Judge, Gurdaspur, vide judgment and order dated 20th January, 1982. He was acquitted in the main case under Sections 307/149, Indian Penal Code, by the learned trial Judge. Mrs. Vanita Kataria, learned counsel for the appellant, has not addressed on merits but contends that the appellant is a first offender and benefit of probation may be given to him. I have perused the record. There is nothing on the record to show that the appellant is a previous convict. He was a youngman of 24 years at the time of occurrence. There is nothing against the character and antecedents. Moreover in the main case he was acquitted. He is on bail. In my view no useful purpose will be served if he is committed to jail to undergo the unexpired period of his sentence. The ends of justice will be amply met if his conviction is maintained and the sentence of imprisonment and fine is set aside. It is ordered accordingly. It is directed that he be released on probation on his entering into a bond in the sum of Rs. 1,000 for a period of six months, with one surety in the like amount, to the satisfaction of the trial Court, undertaking to appear and receive sentence when called upon during such period and in the meantime to keep the peace and be of good behaviour.

(2.) EXCEPT for the alteration in the sentence, as indicated above, this appeal fails and is hereby dismissed. Order accordingly.