LAL BAHADUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) MR . Prabhakar Joshi, learned counsel for the revisionist, does not want to press this revision on merit. He, however, submits that revisionist was held guilty and was sentenced to undergo R.I. for a period of one year for the offence punishable under Section 411 IPC. He further contends that since the revisionist is first time offender and has no criminal antecedents, therefore, revisionist should be given benefit of the Probation of Offenders Act. He has strongly placed reliance on the judgment passed by this Court in the case of Devi Sharma and another v. State of Uttarakhand, Criminal Revision No. 246 of 2014, decided on 28.10.2014.

(2.) IN the case of Devi Sharma , this Court has held as under :

(3.) MR . V.K. Gemini, learned Deputy Advocate General (Criminal) appearing for the State, submits that since the revisionist is the first time offender, therefore, he may be released on probation for a period of two years.