RAFIQ Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER made in this revision petition is for release of the petitioner on probation. The petitioner is convicted for an offence under Section 338 IPC and sentenced to suffer simple imprisonment for two months. The petitioner had prayed for his release on probation but the trial Court declined the same by relying on judgment in the case of Dalbir Singh v. State of Haryana, 2000(2) RCR(Criminal) 816 (SC). This judgment does not appear to be applicable to the facts of the present case. Dalbir Singh (supra) is a case where the conviction was for an offence under Section 304-A IPC and hence prayer for release on probation was not allowed. In the present case the petitioner is convicted for an offence under Section 338 IPC. Counsel appears to be justified in making his submission that denial of the benefit of probation to the petitioner is not justified on this ground.

(2.) THIS revision is allowed. The petitioner is released on probation instead of sentence awarded. The petitioner will appear before the Chief Judicial Magistrate, Gurgaon, to furnish a bond with one surety to appear and receive the sentence when called upon during the period of one month for the purpose in question. The bond for this period shall be executed before the Chief Judicial Magistrate, Gurgaon, positively. Petition allowed.