Mani Singh Vs. State of Bihar & Anr.
EmailAppeal: Criminal Appeal No. 564 of 2001
(Arising out of SLP (Crl.) No. 3092/2000)
(Arising out of SLP (Crl.) No. 3092/2000)
Petitioner: Mani Singh
Respondent: State of Bihar & Anr.
Apeal: Criminal Appeal No. 564 of 2001
(Arising out of SLP (Crl.) No. 3092/2000)
(Arising out of SLP (Crl.) No. 3092/2000)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Apr 27, 2001
Head Note:
CRIMINAL LAW
Probation of Offenders Act, 1958
Section 4 – Benefit of probation – Grant of – Accused convicted for offence under Sections 379 IPC and 27 Arms Act – Sentence including imprisonment for one year – Accused employed in Govt. job – Likelihood of dismissal – Report called from Probation Officer – On recommendation, held that accused be released on probation on furnishing bond. (Para 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. This appeal survives only in respect of appellant no. 3, Mani Singh. In respect of other convicted persons, we dismissed the Special Leave Petition.
3. Regarding appellant, Mani Singh, it was submitted that he is now a Government servant and, therefore, the conviction would visit him with serious consequences including dismissal from service. He is convicted along with others under Sections 379 of the Indian Penal Code and 27 of the Arms Act. The sentence im-posed on the convicted persons included imprisonment upto one year.
4. We examined the possibility of affording the appellant the benefit of the provisions of the Probation of Offenders Act, 1958. Accordingly, we called for a report from the Probation Officer concerned. Mr. B.B. Singh, learned Counsel for the State of Bihar submitted the report of the Probation Officer in sealed cover. We perused the said report. The Probation Officer recom-mended that the appellant can be released under the said Act with conditions and subject to the supervision of the Probation Offic-er. We, therefore, release appellant no. 3 under Section 4 of the Probation of Offenders Act on the following conditions:
1) He shall execute a bond for good behaviour with two solvent sureties in a sum of Rs. 20,000/- and the bond shall be executed before the trial court within one month from today.
2) The said bond shall be in force for a period of three years.
3) He shall be subject to the supervision of the Probation Offic-er and subject to the conditions laid down in Forms D and E of Bihar Probation of Offenders Act, 1959.
5. This appeal is disposed of in the above terms.
1. Leave granted.
2. This appeal survives only in respect of appellant no. 3, Mani Singh. In respect of other convicted persons, we dismissed the Special Leave Petition.
3. Regarding appellant, Mani Singh, it was submitted that he is now a Government servant and, therefore, the conviction would visit him with serious consequences including dismissal from service. He is convicted along with others under Sections 379 of the Indian Penal Code and 27 of the Arms Act. The sentence im-posed on the convicted persons included imprisonment upto one year.
4. We examined the possibility of affording the appellant the benefit of the provisions of the Probation of Offenders Act, 1958. Accordingly, we called for a report from the Probation Officer concerned. Mr. B.B. Singh, learned Counsel for the State of Bihar submitted the report of the Probation Officer in sealed cover. We perused the said report. The Probation Officer recom-mended that the appellant can be released under the said Act with conditions and subject to the supervision of the Probation Offic-er. We, therefore, release appellant no. 3 under Section 4 of the Probation of Offenders Act on the following conditions:
1) He shall execute a bond for good behaviour with two solvent sureties in a sum of Rs. 20,000/- and the bond shall be executed before the trial court within one month from today.
2) The said bond shall be in force for a period of three years.
3) He shall be subject to the supervision of the Probation Offic-er and subject to the conditions laid down in Forms D and E of Bihar Probation of Offenders Act, 1959.
5. This appeal is disposed of in the above terms.
