1997 Supreme(MP) 1132

IN THE HIGH COURT OF MADHYA PRADESH
R.P. Gupta, J.
Mangal Das - Applicant
Versus
State of M.P. - Respondent
Cr. Revn. No. 439 of 1988 (J)
Decided On : 14-02-1997

Headnote:(1) Forest Act, 1927 – – S. 26 (2) – – Indian Penal Code, 1860 – – S. 379 – – offences under – – 15 days sentence already undergone – – released on probation.

       (2) Probation of Offenders Act, 1958 – – S. 4 – – offences under S. 26 (2), Forest Act, 1927 and S. 379 Indian Penal Code, 1860 for cutting trees – – 15 days sentence duly suffered – – benefit extended.

        Short Note

       1. The petitioner was convicted for offences u/S. 26 (2) read with section 52 of the Forest Act and section 379 of IPC. He had allegedly cut certain trees in a reserved forest. The trial Magistrate found him guilty of the acts and convicted him accordingly and sentenced him to R.1. for 6 months and fine of Rs. 100/ – and, in default, S.I. for 15 days. The first Additional Sessions Judge, Khairagarh, vide his judgment dated 5.10.1988 confirmed the findings and the sentence.

       2. The learned counsel for the petitioner prays for leniency and does not challenge the conviction. Learned counsel says that the petitioner has already remained in custody for 1 1/2 months. I think that it is a fit case wherein, the petitioner instead of being sentenced, should be proceeded with under reformative provisions of Probation of Offenders Act, 1958.

       3. I direct that instead of being sentenced, he shall be released on probation for good conduct for one year on his furnishing a personal bond and surety bond in the sum of Rs. 10,000/ – to ensure that during the period of one year, he shall keep peace and be of good behaviour and whenever, he is called by the trial Court during this period, he shall appear before the concerned Court to undergo his sentence. It is further directed that under section 5 of the Probation of Offenders Act, 1958 costs of prosecution is levied as Rs. 100/ – . If Rs. 100/ – is already paid by the petitioner as fine, this amount of fine shall be treated as payment of costs and if it is not paid, he shall pay it. His bonds shall be accepted to the satisfaction of the trial Court i.e. JMFC, Kawardha, district Rajnandgaon after satisfaction of the payment and shall be furnished within 30 days.

       4. A copy of this order be sent to the Trial Magistrate.