Cr.Appeal No.710 of 2002. 08.1.2010 Present: Mr. R.P. Singh, Asstt. Advocate General, for the State Convicts Manohar Lal and Tarsem Lal with their counsel Sh. J.L. Bhardwaj, Advocate. The convicts were heard on the quantum of sentence. Their statements have been recorded separately and placed on record. It is stated by convict Manohar Lal that he is a Government employee and has three minor children and aged parents. Convict Tarsem Lal stated that he has a minor daughter and is presently posted as Lecturer in a Government Senior Secondary School and that he is the sole bread earner of the family. Both the convicts and their counsel prayed for take lenient view. Shri J.L. Bhardwaj, learned counsel for the convicts submitted that the convicts are first offenders, therefore, in the above facts and circumstances, the benefit of Probation of Offenders Act may be accorded to them. I have considered the entire spectrum of the case. The convicts have been proved to have committed the house tress pass in a broad day light, caught hold of the prosecutrix is an effort to outrage her modesty and when she resisted and cried for help, her maternal uncle Roshan Lal (PW2) came to rescue her, he was also beaten up by them resulting into various injuries on his person. -2- Therefore, the release of convicts by giving them the benefit of Probation of Offenders Act would encourage further escalation of the crime and would become difficult to check or arrest the perpetration of these crimes and imperil the modesty of several innocent girls/women. Therefore, the ends of justice would be met if the substantive sentence is imposed on the convicts. Accordingly, I sentence each of the convicts to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.5,000/- each for the offence punishable under Section 452, in default of payment of fine, they shall further undergo simple imprisonment for a period of one month and also to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.5,000/- each for committing the offence punishable under Section 354 of the Indian penal Code, and in default of payment of fine to further undergo simple imprisonment for a period of one month. The convicts are also ordered to undergo imprisonment for a period of one month under Section 323 of the Indian Penal Code and to pay a fine of Rs.500/- each. In default of payment of fine, each of them shall further undergo simple imprisonment for ten days. In case of realization of the fine amount, an amount of Rs.6,000/- be paid to prosecutrix Sharda Devi and the amount of Rs.500/- shall be paid to PW2 Roshan Lal. All the sentences shall run concurrently. Bail bonds of the convicts are cancelled. They be taken into custody immediately. The Registry shall prepare the warrants accordingly. -3- A copy of the judgment/ order be supplied to both the convicts forthwith, free of costs. Matter stands disposed of. January 8, 2010. (Surinder Singh),J (Pds) Cr.M.P.No.41 of 2010 in Cr.Appeal No.710 of 2002. 08.1.2010 Present: Mr. R.P. Singh, Asstt. Advocate General, for the State Convicts Manohar Lal and Tarsem Lal with Mr. J.L. Bhardwaj, Advocate. In Cr.Appeal No.710 of 2002, vide order dated 8th January, 2010, convicts have been imposed a substantive sentence and also to pay a fine under Section 452, 354, 323 read with Section 34 of the Indian penal Code and both have been ordered to be taken into custody. Now the instant application Cr.M.P.No.41 of 2010 has been moved by the convicts through their counsel, under Section 389 (3) read with Section 482 of the Code of Criminal Procedure, seeking suspension of substantive sentence as they intend to file an appeal in the Apex Court. During the trial and also in appeal filed by the State against their acquittal, they were granted bail. Therefore, I do not find any special reason to refuse the bail to the convicts. Thus, it would be in the interest of justice to afford sufficient time to them to present the appeal and obtain the orders from the Apex Court. Therefore, the sentence of imprisonment imposed upon the convicts is hereby suspended. The appellants are ordered to be released on bail on their executing the bail bonds in the sum of Rs.10,000/- each with one surety each of the like amount, to the satisfaction of the Additional Registrar (Judicial). The fine amount be deposited in the trial court on or before 24th February, 2010 and the matter be listed before this Court for further orders on 25.2.2010. Copy dasti. January 8, 2010. (Surinder Singh),J (Pds)