THEPOE Vs. STATE

JUDGEMENT

(1.) THIS revisional application is directed against the judgment and sentence passed by the Learned Judicial Magistrate, Ist Class, Mayabunder, North & Middle Andaman in connection with G.R. Case No. 167/654/93 of 1991 and T.R. No. 654 of 1993 and affirmed by the judgment and sentence of the Learned Appellate Court below : Learned District and Sessions Judge, Andaman and Nicobar Island.

(2.) THIS matter came up on 22nd January, 1998 for admission and also for granting interim relief for suspending the operation of sentence. On that date of Learned Public Prosecutor prayed that the application should be heard finally after the records are called for from the Learned Court below. He also submitted that no affidavit -in -opposition need be filed nor the application for interim relief be considered. Accordingly, I directed the records of this case be sent for and be produced before me for final hearing. On 28.1.98 the matter was heard extensively. The Ld. Lawyer for the petitioner fairly submitted that the concurrent fact findings of both the courts below have gone against the accused. Therefore, he is not seriously challenging such fact findings of the petitioner being guilty of the offences.

(3.) MR . Nag, the learned Lawyer for the petitioner however urges that both the Ld. Courts below ought to have considered judiciously the question of releasing the petitioner on probation on such terns and conditions as it might deem fit and proper. Mr. Saroop, the Learned Public Prosecutor fairly submitted that the question of release of the convict/petitioner on probation is a matter of judicial consideration and discretion of the Court. Therefore, he leaves the matter with me to consider the matter in accordance with law.