RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision petition is directed against the judgment dtd. 23/2/2026, passed by the Court of learned Additional Sessions Judge, Kurukshetra, dismissing the appeal filed by the petitioner against the judgment of conviction dtd. 16/3/2018 and order on quantum of sentence dtd. 17/3/2018, passed by the Court of learned Judicial Magistrate Ist Class, Kurukshetra (hereinafter referred to as 'learned trial Court'), arising out of FIR No. 739 dtd. 15/11/2012, registered under Ss. 323, 506, 34 IPC, at Police Station City Thanesar, whereby the petitioner was held guilty for the commission of offence under Sec. 323 read with Sec. 34 IPC and was sentenced to undergo simple imprisonment for 06 months and to pay a fine of Rs.1,000.00 and in default thereof to further undergo simple imprisonment for 15 days.

(2.) At this juncture, learned counsel for the petitioner submits that he is not challenging the sentence and confines his prayer that the revision petition be considered for extending the benefit of probation to the petitioner considering prolonged trial and no criminal antecedents post conviction in the present FIR.

(3.) Since the learned counsel is not challenging the impugned judgments passed by the Courts below on its merit and seeking benefit of probation, the sole consideration before this Court is as to whether the prayer made by the petitioner for extending benefit of probation can be accepted or not?