Kasliwal, J. - (1.)The only point urged by the learned counsel for the petitioner is that, in the facts and rcumstances of the case, petitioner is entitled to benefit of probation. In this regard it is submitted that the accused was below 21 years of age on the date of occurrence, and he is not a previous convict, and newly married. It is also submitted that there was no satisfactory evidence to show that petitioner had entered the house with an intention to commit theft.
(2.)Taking into consideration the facts and circumstances of the case, I think in the interest of justice petitioner should be given benefit of probation.
(3.)The petition is party allowed and conviction of petitioner under Section 457 Indian Penal Code is maintained Petitioner shall however, instead of serving the substantive sentence will be released on probation, provided he furnishes a personal bond in the sum of Rupees 2,000/- together with one surety to the satisfaction of learned Judicial Magistrate, Bharatpur, for maintaining peace and to remain of good behaviour, for a period of one year. The sentence of fine is maintained.