Ghanshyam Dass vs Municipal Corporation Of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1974 Supreme(SC) 220

SUPREME COURT OF INDIA
H.R. KHANNA AND Y.V. CHANDRACHUD, JJ.
Ghanshyam Das, Appellant
Versus
Municipal Corporation of Delhi, Respondent.
Criminal Appeal No. 73 of 1974, D/- 6-8-1974. 846

Headnote:
Probation of Offenders Act - Section 4 - Executing a personal bond - Protracted criminal - Counsel for parties court are of view that as matter pertains to year and as appellant since then has had to face protracted criminal proceedings it would not seem proper to send appellant to Jail- In our opinion it is a fit case in which order of learned Additional Sessions Judge by which he directed that appellant be bound down under S.4 of Probation of Offenders Act be restored – Held, Court accordingly accept appeal set aside judgment of High Court and restore order of Additional Sessions Judge whereby appellant was ordered to be bound down under Section 4 of Probation of Offenders Act on his executing a personal bond in sum of with one surety for like amount to satisfaction of Chief Judicial Magistrate - Appeal allowed

Judgment

JUDGMENT :- After hearing the learned counsel for the parties, we are of the view that as the matter pertains to the year 1965 and as the appellant since then has had to face protracted criminal proceedings, it would not seem proper to send the appellant to Jail. In our opinion, it is a fit case in which the order of the learned Additional Sessions Judge by which he directed that the appellant be bound down under S. 4 of the Probation of Offenders Act be restored. We accordingly accept the appeal, set aside the judgment of the High Court and restore the order of the Additional Sessions Judge whereby the appellant was ordered to be bound down under Section 4 of the Probation of Offenders Act on his executing a personal bond in the sum of Rs. 2,000/- with one surety for the like amount to the satisfaction of the Chief Judicial Magistrate.

Appeal allowed.

For Citation : AIR 1975 SC 845

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