- (1.) S. R. Bhargava, J. Ram Singh alias Rai Singh, Mansukh and Har Pal Singh have been corvicted by the lower Courts with offences under Section 323, I. P. C. and have been sentenced to rigorous imprisonment for three months and fine of Rs. 200/- each and in default, to undergo further rigorous imprisonment for one month. Short term sentences do not serve any useful purpose. Trial Magistrate refused probation to the revisionists only on the ground that injuries suffered by the injured are extensive. But in the judgment Trial Magistrate noted only four injuries one of which is lacertated wound on the head other injuries are on the limbs. Learned appellate Court did not enter into the question of granting probation to the revisionists Lower Courts judgments do not show that the revisionists have bad antecedents or are previous convicts. In my opinion, it is a fit case for probation under Section 4 of the U. P. First Offenders Act.
(2.) HENCE in result, I partly allow this revision and set aside the sentences of the revisionists. They are granted first offenders benefit under Section 4 of the U. P. First Offenders Probation Act. They are on bail. They shall appear before C. J. M. , Moradabad and shall furnish bonds with two sureties each for maintaining peace and for being of good behaviour for a period of one year. Revisionists should comply with the above order within three months. In default. C. J. M. , Moradabad shall summon the revisionists and require them to furnish bonds as directed above. Partly allowed .;