- (1.) K. Narayan, J. This revision is directed against the order dated 18-12-1990 rendered by the Sessions Judge, Bijnor in Criminal Appeal No. 53/1990. By the Judgment and order the learned Sessions Judge has given probation benefit to the appellants and also maintained the sentence of fine awarded by the trial Court.
(2.) ONLY aspect of imposition of fine has been challenged before me by the learned Counsel for the revisionist. A perusal of Section 360, Cr. P. C. where under the probation benefit has been given by the learned Sessions Judge itself comes into operation when there is an impression that the Court concerned would take action under the said section instead of sentencing him at once to any punishment. That clause may be better reproduced here with use: "that it is expedient that the offender should be released on probation of good conduct, the Court may instead of sentencing him to any punishment direct that he be released on his entering into a bond with or without security, (emphasis under any supplied ). The word any punishment would really mean any punishment and the pecuniary fine will not be away from it. The punishment to be awarded cannot be divided into parts when the sentence of fine is awarded at present stage and for the rest the time is fixed to be pronounced and is made conditional upon happening of some event which may be covered by the terms of the bond.
(3.) THERFORE, the sentence of fine recorded by the learned Sessions Judge at this stage cannot be maintained and has to be set aside. The revision is accordingly allowed to the extent that the sentence of fine awarded by the learned Sessions Judge shall stand set aside. Revision allowed. .;