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Nanda and ors. Vs. the State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Appeal No. 330 of 1979
Judge
Reported in1983WLN(UC)307
AppellantNanda and ors.
RespondentThe State of Rajasthan and ors.
DispositionAppeal dismissed
Excerpt:
.....the said act. - 2,000/- (rupees two thousand) with one surety in the like amount each before the sessions judge, jhalawar to appear and receive sentence during the period of 6 months and in the meantime to keep peace and be of good behaviour......rigorous imprisonment and to a fine of rs. 1000/- and in default of payment of fine, to undergo 3 months' rigorous imprisoment on each count.3. the occurrence took place as far back as on 26-4-1977. more than 6 years have elapsed. considering the circumstances of the case and particularly the time which has elapsed, in my opinion, it would be just and proper that the appellants may be instead of being sentenced, released on probation.4. accordingly, the appeal is partly allowed while maintaining the convictions of the appellants, instead of sentencing them, it is ordered that the appellants be released on their entering into a bond for a sum of rs. 2,000/- (rupees two thousand) with one surety in the like amount each before the sessions judge, jhalawar to appear and receive sentence.....
Judgment:

M.C. Jain, J.

1. Heard learned Counsel for the appellants and learned Public, Prosecutor for the State.

2. Mr. Goel on behalf of the appellant has simply urged that the appellants have been convicted for the offences under Sections 147, 323 I.P.C. and have been sentenced to 1 year's rigorous imprisonment and to a fine of Rs. 1000/- and in default of payment of fine, to undergo 3 months' rigorous imprisoment on each count.

3. The occurrence took place as far back as on 26-4-1977. More than 6 years have elapsed. Considering the circumstances of the case and particularly the time which has elapsed, in my opinion, it would be just and proper that the appellants may be instead of being sentenced, released on probation.

4. Accordingly, the appeal is partly allowed while maintaining the convictions of the appellants, instead of sentencing them, it is ordered that the appellants be released on their entering into a bond for a sum of Rs. 2,000/- (Rupees two thousand) with one surety in the like amount each before the Sessions Judge, Jhalawar to appear and receive sentence during the period of 6 months and in the meantime to keep peace and be of good behaviour.

5. Learned Counsel for the appellants prays for one month's time to submit the requisite bonds. Time prayed for is allowed.


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