Behari vs State of U.P.

Hari Swarup, J.—This revision was admitted on the question of sentence.

The applicant was charged for an offence under Sections 454 and 380 IPC and sentenced to rigorous imprisonment for four months. The Case of the prosecution was that on 6-4-73 the applicant entered the house of one Lekhraj when no body was inside the house. When the family of Lekhraj returned they found the applicant collecting utensils for taking them away. As the door was locked from outside and it was opened the applicant was guilty of an offence u/s 454 I.P.C and as he had already collected the utensils for committing the theft he was liable to be punished u/s 380 I. P.C. read with Section 511, I.P.C.

An enquiry was made from the Probation Officer under Rule 12 of the U.P. First Offender''s Probation Rules. The enquiry reveals that the applicant has, along with his brothers, cultivation of about 40 big has. He has thus a regular source of income. The report also indicates that the applicant was elected some time back a member of the Gaon Sabha. This shows that he is now enjoying the confidence of the people. As he has a regular occupation and is also a member of Gaon Sabha, he must be deemed to be having a fixed place of abode. The Probation Officer has also recommended that the applicant may be released on probation.

Taking in consideration the improved status of the applicant, I deem it expedient to release the applicant on probation of good conduct to enable him to give, further evidence of his being a good citizen. The sentence awarded to the applicant is accordingly set aside and he is directed to be released on probation of good conduct for a period of four months on his entering into a bond with two sureties to appear and receive sentence when called upon during such period and, in the meantime, to keep the peace and be of good behaviour as required by Section 4 of the U.P. First Offender''s Probation Act. The bonds will have to be furnished within two weeks of the receipt of the order by the Chief Judicial Magistrate. In case the applicant does not furnish the bonds within the period allowed, he shall be taken into custody and brought to this Court to receive the sentence.