RAM LUBHAYA Vs. SANJEEV KUMAR @ SANJU AND

JUDGEMENT

(1.) There was a delay of 8 days in filing the present revision. Alongwith the revision, an application under Section 5 of the Limitation Act for condonation of delay was filed by the petitioner. In view of the submissions made in the application, the delay is condoned and accordingly the application is allowed.

(2.) This is a petition under Section 401 of the Code of Criminal Procedure (for short, "Cr.P.C.") for setting aside the order dated 22.08.2014 passed by learned Additional Sessions Judge, Hoshiarpur and for restoration of order dated 16.10.2013 passed by learned Judicial Magistrate Ist Class, Mukerian.

(3.) The respondents preferred an appeal. Since the respondents did not challenge the judgment of conviction recorded by the trial court, vide judgment dated 22.08.2014 learned Additional Sessions Judge, Hoshiarpur affirmed the said judgment. As regards the order of sentence, the prayer made by the respondents-appellants to release them on probation was allowed and they were ordered to be released on probation of good conduct for a period of one year on their furnishing probation bond in the sum of Rs.30,000/- with one surty in the like amount each. Aggrieved by the modification in the order of sentence passed by learned Additional Sessions Judge, the petitioner filed the instant petition.