In cases where the accused is in Government service and not a previous convict, the court may direct that the conviction should not affect the service of the accused.

1. - Heard learned counsel for the applicant appellant.

2. In this case, the accused-appellant was found guilty for the offence under Section 323, Indian Penal Code by the learned Addl. Sessions Judge, No. 1, Alwar in cess. case No. 13/83. However, the learned trial court directed the accused-appellant to furnish surety in the sum of Rs. 3,000/- and personal bond in the like amount for maintaining the peace and good behaviour for a period of two years. It has been contended by the learned counsel for the appellant that the accused-appellant is not a previous convict as is found by the learned trial court and because of that reason, the accused-appellant was given benefit of probation while convicting him under Section 323, IPC.

3. The only point which has been argued by the learned counsel for the accused-appellant, Narayan, is that while maintaining the order of the trial court looking to the fact that the appellant is in Government service and if eviction of the accused-appellant is maintained, it may affect his Government vice. Learned counsel further submitted that the Supreme Court in various decisions held that in the facts of the case, like the present one, the conviction could not affect the service of the accused. Therefore, learned counsel submitted at while maintaining the order of conviction, it may be directed that the conviction should not affect the service of the accused-appellant, Narayan; and this extent of relief, this appeal is being pressed.

4. It is admitted fact that the appellant is not a previous convict and cause of this reason, the learned trial Court granted benefit of probation to accused-appellant. The appellant has been four guilty for the offence under Section 323, IPC. In the case of Rajbir v. State of Haryana, (1985 Supple. S.C.C. 272) , their Lordships of the Supreme Court has given direction that in the peculiar facts of the case, the conviction should not affect the service of the accused. In view of the aforesaid circumstances and the, fact that the appellant is in Government service it will be just and proper to direct that the conviction should not affect his service. Accordingly, this appeal is disposed of.Appeal Disposed of.

*******