By judgment and order dated July 23, 1971, the High Court allowed the appeal against acquittal holding that the facts and circumstances proved in the present case clearly brought the case within the mischief of Rule 126 P(2) (ii) of the D.I. Rules which prescribed a minimum sentence of six months but directed that the respondent be released on probation of good con duct for a period of three years under the Probation of offenders Act, 1958 on his furnishing a bond in the sum of Rs. 2,000/ with one 1107 surety of the similar amount to the satisfaction of the trial court undertaking to maintain peace and be of good behaviour during the aforesaid period overruling the objection raised on behalf of the Department that the provisions of the cannot be invoked in case of offences under the D.I. Rules which prescribe a minimum sentence of imprisonment in view of section 43 of the Defence of India Act, 1962.