STATE OF GUJARAT Vs. VAGHARI PUNA MANDONBHAI SOLANKI

JUDGEMENT

(1.) This appeal has been filed by the State challenging the judgment and order dated 30th December 1995 passed by the Judicial Magistrate, First Class, Bagasara in Criminal Case No.302/91.

(2.) The respondent was charged under section 409 and 477 of the Indian Penal Code. During the course of trial, it appears that the respondent gave a purshis Ex.65 stating, inter alia, that he is interested in getting the benefit of probation and he would,therefore, not contest the trial. It appears that before the respondnet filed the said application, Probation Officer's report was already called for.

(3.) On the basis of the application Ex.65 filed by the respondent, the learned Trial Judge though convicted him on pleading guilty, granted him the benefit of probation and did not impose any substantive sentence. It is this order that the State has challenged in the present appeal.