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Munna & Anr vs State Of M P

Supreme Court Of India|19 April, 2011
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JUDGMENT / ORDER

Summary

Issue: Sentencing of the appellants for the offenses punishable under Section 323 IPC
Rule: Section 360 of the Code of Criminal Procedure provides for the grant of probation to an accused person
Application: The Supreme Court granted probation to the appellants under Section 360 of the Code of Criminal Procedure, considering the fact that the incident occurred way back in 1999 and the appellants have been in prison for a long time.
Conclusion: The judgment highlights the importance of the court's discretion in sentencing and the application of probation as an alternative to imprisonment in appropriate cases. The judgment also emphasizes the importance of considering the facts and circumstances of the case and the impact of the sentence on the parties involved.
1. We have heard the learned counsel for the parties.
2. The High Court, has, while dismissing the appeal filed by the present appellants for the offences punishable under Section 323 IPC sentenced them to one year imprisonment. It has been prayed by the learned counsel for the appellants that the appellants be granted probation under Section 360 of the Code of Criminal Procedure.
3. In the light of the facts pointed out to us during the course of hearing and dealt with in the judgment of the High Court and as the incident having occurred way back in 1999, we direct that the appellants be released on probation under Section 360 Cr.P.C. by entering into a bond in the sum of `1000/- with two sureties of a like amount to the satisfaction of the trial court and undertaking to maintain peace and be of good behavious for a period of one year.
The appeal is allowed to the above extent.
. J [HARJIT SINGH BEDI] . J [CHANDRAMAULI KR. PRASAD] NEW DELHI APRIL 19, 2011.
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Title

Munna & Anr vs State Of M P

Court

Supreme Court Of India

JudgmentDate
19 April, 2011
Judges
  • Harjit Singh Bedi
  • Chandramauli Kr Prasad

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