Rajbeer @ Beera vs State of Haryana

Alok Singh, J.—Petitioner was found guilty under Sections 341/354 of the Indian Penal Code by the learned Trial Court and was ordered to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/-and in default of payment of fine to further undergo simple imprisonment for a period of one month for commission of offence punishable u/s 354 IPC. He was further sentenced to pay a fine of Rs. 500/-for the commission of offence punishable u/s 341 IPC and in default of payment of fine to undergo simple imprisonment for a period of 15 days.

In appeal preferred by the accused/Petitioner, learned Appellate Court/Additional Sessions Judge, Kaithal, vide judgment dated 7.1.2011, maintained the sentence awarded by the learned Trial Court and dismissed the appeal filed by the accused/Petitioner herein.

Learned Counsel for the Petitioner does not want to press the present revision on merit and only requests that since Petitioner was found guilty under Sections 341/354 IPC and maximum period of sentence awarded is six months, hence the Petitioner may be released on probation.

Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him.

I have heard learned Counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him.

Considering totality of the facts and circumstances of this case while maintaining the conviction of the Petitioner in this case, I direct that the accused/Petitioner be released on probation on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year With above mentioned modification, this revision petition is disposed of.