KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this criminal revision petition is to the judgment dated 3.12.2014, passed by learned Sessions Judge, Bhiwani, whereby the appeal filed by the petitioner, Krishan Kumar, son of Dharam Singh, resident of Dhani Phogat, Police Station, Sadar, Dadri, District Bhiwani, challenging his conviction and sentence for the offences punishable under Sections 186, 353 and 506, IPC, recorded by the learned Sub -Divisional Judicial Magistrate, Charkhi Dadri, was dismissed.

(2.) LEARNED counsel at the very outset submits that in view of the concurrent findings of both the Courts below, he does not want to challenge the conviction of the petitioner. However, he submits that in view of the totality of the facts and circumstances of the case, the courts below should have extended the benefit of probation to the petitioner.

(3.) LEARNED counsel for the State submits that out of the maximum awarded sentence of one year, the petitioner has suffered one month and nineteen days sentence only and, as such, it is not a fit case where the benefit of probation can be extended to him. However, he fairly concedes that the petitioner is neither required nor involved in any other case. He further concedes that during trial and pendency of the appeal, the petitioner was on bail, but he did not misuse the said concession.