Punjab-Haryana High Court
Zaheer Ahmed Khan vs State Of Haryana on 25 September, 2014
Author: Sabina
Bench: Sabina
Crl. Revision No. 2126 of 2014 -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 2126 of 2014
Date of decision: 25.9.2014
Zaheer Ahmed Khan ......Petitioner
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Surinder Mohan Sharma, Advocate
for the petitioner.
Ms. Loveleen Dhaliwal Singla, Sr. DAG, Haryana.
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SABINA, J.
Petitioner had faced the trial qua commission of offence punishable under Section 325, 506, 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 357 dated 10.9.1991, registered at Police Station Ambala Cantt. Trial Court vide judgment/order dated 25.9.2010/28.9.2010 ordered the conviction and sentence of the petitioner under Section 325, 506, 34 IPC. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal. The Appellate Court vide judgment/order dated 25.1.2014/4.2.2014 set aside the conviction and sentence of the petitioner qua commission of offence punishable under Section 325/34 and 506 IPC but ordered the conviction of the petitioner under Section 323 read with Section 34 IPC and while dealing with the quantum of sentence, ordered the release of the petitioner on probation.
Heard.
The learned Appellate Court has specifically observed GURPREET SINGH 2014.09.29 16:27 I attest to the accuracy and authenticity of this document Chandigarh Crl. Revision No. 2126 of 2014 -2- that conviction of the petitioner under Section 323 IPC shall not be treated as disqualification for any purpose. Such conviction, since the petitioner had been granted the benefit of probation under Section 4 of the Probation of Offenders Act, shall not be treated as a disqualification for his Army service.
Since the Appellate Court has specifically held that conviction of the petitioner under Section 323 IPC shall not be treated as disqualification for his army service, no ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE September 25, 2014 Gurpreet GURPREET SINGH 2014.09.29 16:27 I attest to the accuracy and authenticity of this document Chandigarh