SHEKHAR CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred against the judgment and order dated 20.06.2012 passed by learned Chief Judicial Magistrate, Almora in Criminal Case No. 453 of 2010, "State of Uttarakhand vs. Shekhar Chandra Joshi" and also against the judgment and order dated 11.03.2014 passed by learned Sessions Judge, Almora in Criminal Appeal no. 29 of 2012.

(2.) Learned counsel for the revisionist does not press this revision on merits. The only point raised by him was that the revisionist should be given the benefit of Section 4 of the Probation of Offenders Act, 1958, (for short, ""The Act").

(3.) Section 4 of the Act is applicable where a person is found guilty of committing an offence where punishment is neither life sentence nor death. The Court may release such an accused on probation of good conduct on his furnishing a bond as mentioned in the Section. The court is applying the provisions of this Section is also required to consider that the accused was not previously convicted, the circumstances of the case, character of the offender and nature of the offence before exercising its discretion.