BAJESHWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred against the judgment and order dated 30.06.2011 passed by the learned Additional District Judge, Roorkee, Haridwar in Criminal Appeal No. 127 of 2010, whereby the learned Appellate Court dismissed the appeal of the revisionists and confirmed the judgment and order dated 28.08.2010 passed by learned Judicial Magistrate, Roorkee, District Haridwar in Case No. 1776 of 2010 to the extent that the revisionists were convicted for the offence punishable under Section 452 IPC and were sentenced to undergo two years rigorous imprisonment along with a fine of Rs. 1,000/- each and for the offence punishable under Section 323/34 IPC were sentenced to undergo one year rigorous imprisonment along with a fine of Rs. 1,000/- each.

(2.) Learned counsel for the revisionists does not press this revision on merits. The only point raised by him was that the revisionists should be given the benefit of Section 4 of the Probation of Offenders Act, 1958, (for short, "The Act") under which the sentence of imprisonment awarded to the revisionists could be dispensed with on probation of good conduct.

(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.