Full Judgment
Kishore Singh Lodha, J.
1. This revision has been filed by ten petitioners, who have been convicted under Sections 323, 147 and 448 IPC and sentenced to one month's S.I. Under each count by the learned Munsif and Judl. Magistrate, Bhim and whose appeal has been dismissed by the learned Addl. Sessions Judge, Rajsamand.
2. The only contention raised before me by the learned Counsel for the petitioners is that looking to all the facts and circumstances of the case, the learned Munsif and the learned Addl. Sessions Judge did not exercise their discretion properly in refusing probation to the petitioners. The offences are very minor. The accused are not said to be previous convicts and the incident also appears to have taken place due to very trivial reasons. The injuries suffered by three injured persons are very minor. Looking to these circumstances, I am of the opinion that the contention of the learned Counsel deserves to be accepted. The only reason given by the learned Courts below is that beating had been given to these persons after entering into their house. In my opinion, this by itself was no reason to the petitioners looking to the other circumstances pointed out above.
3. I, therefore, partly accept the revision and while maintaining the convictions of the petitioners in the aforesaid offences. I set aside the sentences awarded to them. They are not sentenced to any punishment forwith but shall be released on their entering into a bond in the sum of Rs. 2000/-(Rs. two thousand) with a surety in the like amount each to the satisfaction of the learned Munsif and Judicial. Magistrate, Bhim, for appearing and receiving sentence whenever called upon to do so within a period of one year and in the meantime to keep the peace and be of good behaviour. I further direct that the petitioners shall pay a sum of Rs. 50/-each as compensation to the three injured persons.