BENI Vs. STATE OF U P

JUDGEMENT

(1.) IKRAM-Ul-Bari, J. This petition under Section 482 Cr. P. C. has been filed by Beni and Manni who were two of the revisionists in Crl. Revision No. 560 of 1985. The revision was decided on merits on 29-7-1997 after hearing the counsel for the applicants.

(2.) AT the time of the hearing of the revision the learned counsel for the ap plicants had pleaded for release of the applicants on probation. The request was turned down on the ground that no such request was ever made before the trial Court or the appellate Court.

(3.) IT is to be accepted that the request of the learned counsel for the applicants at the time of the hearing of the revision was not properly appreciated and the factum of such request before the trial Court was not noticed. The basis of the denial of the benefit of the provisions of the First Of fender Act was that no such request was made before either of the Courts below. The basis was not correct.