Decided on April 03,1984

MAKBOOL Appellant


N. M. KASLIWAL, J. - (1.)OUT of four accused persons Mst. Aisha and Mst. Rashidan were acquitted by the trial Court by judgment dated January 28, 1982. Nawab accused had died during the pendency of the trial and the present petitioner Makbool was convicted under sections 332 and 353 IPC. Under Section 332 IPC he was sentenced to six months' rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo one month's simple imprisonment and under section 353 IPC he was sentenced to 4 month's simple imprisonment.
(2.)AN appeal filed by the petitioners has also been dismissed. Hence this revision was filed by the petitioner.
The only contention raised by the learned counsel for the petitioner is that the incident is dated January 1, 1973 and the petitioner has faced the trial for 11 years. It is his first offence and he has also remained in jail for about 15 days. It is further submitted that according to the judgment of the learned appellate court it has been found that the petitioner had not given any beating by chain-belt so alleged by the prosecution. It is further submitted that the petitioner is the only earning member in his family and the wife of the petitioner is pregnant and is due for delivery at any moment. In view of the above circumstances it has been submitted that the petitioner should be given benefit of probation instant of serving out the sentence as awarded to him.

Taking in view the above circumstances, as argued by the learned counsel for the petitioner which remained uncontroverted in the interest of justice it would be proper to grant benefit of probation to the petitioner.

In the result this revision is partly allowed. The conviction of the petitioner under sections 332 and 353 IPC is maintained. The petitioner instead of serving out the substantive sentence of imprisonment awarded to him will be entitled to the benefit of probation provided he furnishes a personal bond in the sum of Rs. 2,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate No. 2, Baran, for maintaining peace and to remain of good behaviour for one year. The sentence of fine of Rs. 100/- imposed on the petitioner shall remain in tact. In case of breach of any of the conditions of the bond, the petitioner would serve out the remaining sentence awarded to him. .

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