M.M.S.BEDI, J. - (1.) CUSTODY certificate issued by the Superintendent Central Jail, Hisar, has been placed on record in Court today.
(2.) THESE appellants along with two others were tried for offence under Section 399 and Section 402 IPC. The appellants have been convicted under Section 399 IPC acquitted the remaining two by giving them the benefit of doubt under Section 399 IPC. Counsel for the petitioner submits that in view of the acquittal of remaining two accused, the appellants cannot be said to have committed the offence under Section 399 IPC. He placed reliance on Om Parkash and another v. State of Rajasthan, 1998 Supreme Court Cases(Crl.) 696. He further submits that fine will be deposited by the appellants.
(3.) PRIMA facie, preparation for robbery does not constitute an offence under the Indian Penal Code. The appellants have already undergone sentence of imprisonment of 6 months and 5 days. Sentence of imprisonment is suspended and they are ordered to be released on bail to the satisfaction of the Convicting Court.;