Nirmal Singh vs State of Punjab

P.N. Bhagwati, J.—It appears that the attention of the learned Additional Sessions Judge was not invited to the provisions of Section 360 and 361 of the Code of Criminal Procedure, 1973 and he has, therefore, not given the benefit of Section 360 to the Appellant. The Appellant has already been in jail for a period of about three months. I find that this is a case where the benefit of Section 360 should have been given to the appellant, particularly since the learned Additional Sessions Judge has not recorded any special reasons for not doing so. It would, therefore, he desirable to set aside the sentence of imprisonment imposed on the Appellant and instead to direct that he be released on his entering in to a bond with one surety to appear and receive sentence when called upon during a period not exceeding six months and in the meantime to keep peace and be of good behaviour. The Learned Counsel appearing on behalf of the State has fairly conceded that he has no objection to this course being adopted.