PURAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision under Section 507 read with section 401 Cr.P.C. is directed against the Judgment dated May 11, 92 of Addl. Sessions Judge, Bayana in Cr. Appeal No. 30/90 confirming the conviction and sentence of the petitioner under Section 447 and 323 IPC passed by the Munsif and Judicial Magistrate Weir in Cr. case No. 269/79.

(2.) THE only contention made by the learned Counsel for the petitioner is that the petitioner ought to have been dealt under the provisions of the Probation of Offenders Act. The petitioner has been sentenced to pay a fine of Rs. 200/ - in cash and. under Section 447 and 323 IPC by the trial Magistrate, which has been affirmed by the Addl. Sessions Judge, Bayana. The reason given by the trial Magistrate for not giving the benefit of probation has been described that the sentence of fine will act to prevent the petitioner to repeat the offence. In my view this could hardly be a reason to decline the benefit of probation to the petitioner, if he is otherwise entitled to get the same.

(3.) IT is, therefore, directed that he be released on probation on his entering into a bond in the sum of Rs. 1,000/ - to appear and receive sentence when called upon during a period of six months and in the meantine to keep peace and be of good behaviour.