Om Prakash & Others Vs. State Of Madhya Pradesh On 10 April, 1981

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Om Prakash & Others v. State Of Madhya Pradesh

Om Prakash & Others
v.
State Of Madhya Pradesh

(Supreme Court Of India)

Criminal Appeal No. 441 of 1981 | 10-04-1981

P. N. BHAGWATI, J.

1. 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 in posed on the appellants and direct that each of the appellants be released on his entering into a bond in the sum of R. 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.

2. Sentence modified.

Advocates List

For the Appearing Parties -------------------

Bench List

HON'BLE MR. JUSTICE A. VARADARAJAN

HON'BLE MR. JUSTICE P.N. BHAGWATI

Eq Citation

(1982) 3 SCC 224

1983 GLH 3202

LQ/SC/1981/221

HeadNote

Penal Code, 1860 — Ss. 323, 324 and 325 — Conviction confirmed — Sentence modified to probation under S. 360 CrPC rather than imprisonment Criminal Procedure Code, 1973, S. 360(1)