(Guest)

Whether husband who is abducting wife from house of paramour

Whether husband who is abducting wife from house of paramour is entitled to get benefit of probation of offenders Act?

The facts are indeed peculiar. The daughter-in-law left the matrimonial home and started living with her brother-in-law (husband's sister husband). The accused were disturbed as this act had brought shame to the family. There is no evidence on record that Amarjeet had taken divorce from her husband Nirmail Singh at that point of time. In a bid to take the daughter-in-law back, the accused had taken law in their hands. Amarjeet Kaur had grown up children. Her son i.e. Paramjit Singh is the accused. The others accused are closely related. They are facing the agony of criminal proceedings for the last about thirteen years. Taking into consideration the peculiar facts and circumstances of the case, the appellants deserve lenient view in the matter of sentence and it is a fit case to grant probation. Therefore, the conviction of the appellants is maintained. The appellants are directed to be released on probation of good conduct under Section 4(1) of the Probation of Offenders' Act, 1958 for a period of one year subject to their furnishing personal and surety bonds in the sum of Rs.20,000/- within one month to the satisfaction of Chief Judicial Magistrate, Ludhiana. The appellants shall undertake to keep peace and good behaviour during the aforesaid period of probation and shall appear before the trial Court as and when called upon to undergo the remaining sentence during the said period, in case of violation of any condition. On the failure to furnish the bonds, the appeals shall be deemed to be dismissed. Fine, if not paid, shall be deposited and be treated as cost of proceedings.

Punjab-Haryana High Court

Chhinder Pal Singh vs State Of Pb on 4 December, 2015