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1981 Supreme(SC) 254
SUPREME COURT OF INDIA
P.N. BHAGWATI AND A. VARADARAJAN, JJ.
Om Prakash and others, Appellants
Versus
State of M.P., Respondent.
Criminal Appeal No. 441 of 1981
Decided on 10-4-1981.
Headnote:
Indian Penal Code, 1860 - Section 323 - Code of Criminal Procedure, 1973 - Section 360 (1) – Offence of voluntarily causing hurt – Probation - The offence of which appellants have been convicted is one under Section 323, I.P.C., it would meet the ends of justice if the appellants are not sent to jail but are released on probation under Section 360 (1) of Code, 1973 - Held, Appellants and direct that each of appellants be released on his entering into a bond in the sum of Rs. 500 with one surety for the like amount to appear and receive sentence when called upon during a period of six months and in the meantime, to keep the peace and be of good behavior – Sentence modified.
JUDGMENT
P. N. BHAGWATI, J.:— We think that having regard to the facts and circumstances of the present case and particularly in view of the fact that the offence of which the appellants have been convicted is one under Section 323, I.P.C., it would meet the ends of justice if the appellants are not sent to jail but are released on probation under Section 360 (1) of the Code of Criminal Procedure, 1973. We accordingly allow the appeal on the question of sentence, set aside the sentence of imprisonment imposed on the appellants and direct that each of the appellants be released on his entering into a bond in the sum of Rs. 500 with one surety for the like amount to appear and receive sentence when called upon during a period of six months and in the meantime, to keep the peace and be of good behaviour.
Sentence modified.
For Citation : AIR 1982 SC 783 (2)
