JUDGMENT 1. - Heard learned counsel for the parties, Admit. 2. This is a revision petition against the judgment of the learned Addl. Sessions Judge, Kishangarh bas dated 27.5.83 by which he confirmed the judgment of the judicial Magistrate, Kishangarh bas dated 25.6.79. 3. The police submitted a challan against the petitioner u/s 457, I. P. C. After trial the learned Magistrate found the accused petitioner guilty of the offence charged against him and convicted and sentenced him to 9 months R.I. and a fine of Rs. 100/, in default of payment thereof to further one months simple imprisonment. Against this judgment, the petitioner filed an appeal before the learned Addl. Sessions Judge Kishangarhbas. The petitioner argued only on two point of sentence, and the learned Addl. Sessions Judge , after consideration pertly accepted the appeal and reduced the sentence to three months R.I. and a fine of Rs, 100/ in default of payment thereof to further undergo seven days simple imprisonment. 4. Against the aforesaid judgment, the petitioner has come to this court in revision. During the course of arguments, the learned counsel for the petitioner has stated that the petitioner is a young boy and it is his first offence. There is nothing on record to show that the petitioner is of bad character. As such, looking to the age and past character, he may be given the benefit of probation. He has further argued that if the boy is to continue in jail, it would adversely affect his character and in that event there will be all chances of his going bad to worst. 5. The learned P.P. has no doubt opposed this submission of the learned counsel but he has not disputed that this is the first offence of the petitioner. There is nothing on the police roll to prove that the character of the petitioner is such that he is not entitled to the benefit of probation. 6. I have considered the arguments. Looking to the facts and circumstances of the case, I feel that it is a fit case in which benefit of probation of the offenders Act be given to the accused-petitioner. 7. The revision is, therefore, partly accepted.
6. I have considered the arguments. Looking to the facts and circumstances of the case, I feel that it is a fit case in which benefit of probation of the offenders Act be given to the accused-petitioner. 7. The revision is, therefore, partly accepted. The conviction of the accused-petitioner Dalip Singh u/s 457, I.P.C. is maintained but he is ordered to be released on probation u/s 4 of the probation of offenders Act, provided he furnishes a personal bond of Rs. 5,000/and a surety in the like amount to the satisfaction of he learned Judicial Magistrate, Kishangarhbas, to appear and receive the sentence when called upon during a period of two years, and in the mean time to keep the j;ace and be of good behaviour. *******