1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Darshan @ Darshan Singh Vs. State of Raj. S.B.CRIMINAL APPEAL NO.189/87 against the judgment dt. 29.5.87 passed by learned Sessions Judge, Sri Ganganagar in Sessions Case No.58/86 Date of order : : 22nd April, 2008 PRESENT HON'BLE MR. MAHESH CHANDRA BHAGWATI, J. Mr.R.K.Singhal, for the appellant. Mr.J.P.S.Choudhary, Public Prosecutor. BY THE COURT:- This Criminal Appeal has been preferred against the judgment and order dated 29th of May, 1987 passed by the Sessions Judge, Sri Ganganagar whereby the Sessions Judge found the accused-appellant Darshan @ Darshan Singh son of Shri Ram Gopal guilty for the offence under Section 324 of the Indian Penal Code and under Sections 25 and 27 of Arms Act. The accused-appellant has been convicted in all the three offences and sentenced to undergo one year rigorous imprisonment with a fine of Rs.500/- and 2 default of payment of fine to undergo further simple imprisonment of two months in each offence. All the sentences to run concurrently. Heard Shri R.K.Singhal, learned counsel appearing on behalf of the accused-appellant and learned Public Prosecutor appearing for the State and perused the relevant record and the evidence of prosecution as also of defence available on record. Shri R.K.Singhal, learned counsel for the appellant instead of assailing the judgment of the lower court on merits, has confined himself to argue on the quantum of sentence only. He has submitted that the occurrence of this case took place on 28th of January, 1986 and this criminal appeal has been pending before this Court since 19th of June, 1987. Learned counsel Mr.Singhal further submits that the offence under Section 324 IPC is bailable. Since the learned Sessions Judge convicted the accused-appellant for the offence under Sections 324 IPC and 25 & 27 of Arms Act and imposed the rigorous imprisonment of only one year in each offence, he should have invoked the provisions of Section 360 of Criminal Procedure Code as none of the offences was punishable with more than 7 years imprisonment. Mr.J.P.S.Choudhary, learned Public Prosecutor appearing for the State has not controverted the arguments as also 3 the prayer made by the learned counsel for the appellant. Having perused the material available on record, it is not found that the accused-appellant had been previously convicted. After the occurrence of this case too, he is not found to have been involved in any other criminal case. Hence, keeping in view the fact that the appeal has been pending since 1987 and the appellant has been facing the tiring trauma of trial as also looking to the antecedents, conduct and character of the appellant, this Court deems it just and proper to release the appellant on probation of good conduct under Section 360 of the Criminal Procedure Code. I find ample substance in the prayer of the learned counsel for the appellant and the same deserves to be accorded. In view of the above, this criminal appeal filed on behalf of the accused-appellant Darshan alias Darshan Singh is partly allowed. The judgment of conviction for the offence under Section 324 of the Indian Penal Code as also the conviction under Section 25 & 27 of Arms Act made against the appellant Darshan Singh is maintained and the order of awarding sentence of imprisonment as also the fine to him is set aside. Instead of sentencing the appellant to imprisonment or fine, it is ordered that the accused appellant-Darshan Singh may be released on probation of good conduct on his furnishing a personal bond of Rs.10,000/- 4 along with a surety bond of like amount to the satisfaction of Sessions Judge, Sri Ganganagar within a period of one month with this stipulation that he shall appear and receive the sentence when called upon during the period of one year by the Sessions Court and in the meantime, he will keep peace and be of good behavior. (MAHESH CHANDRA BHAGWATI), J. NK