ANILBHAI MAGANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr.H.L.Jani waives service of RULE on behalf of the respondent State.

(2.) PRESENT applicant original appellant in Criminal Appeal No.1190 of 2005 has filed this application for recalling of the judgment and order dated 30.12.2010 passed by this Court in Criminal Appeal No.1190 of 2005 and to grant the benefit of probation to the applicant under the provisions of the Probation of Offenders Act, after calling the report of the Probation Officer and to extend the time to the applicant to surrender before the Jail Authority.

(3.) HEARD both the parties and perused the judgment passed by this Court on 30.12.2010. The applicant is seeking review of the order passed by this Court. I have also considered the submissions advanced by the parties. I have also considered the provisions of Section 362 of the Code of Criminal Procedure, which reads as under: