UDHAY SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LEARNED counsel for the revisionist has contended that the revisionist is a first offender. He has been convicted under Section 411, Indian Penal Code and sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs. 500/- and in default to further suffer rigorous imprisonment for one month. The revisionist, it is alleged, looking to his antecedents, age, character and nature of offence deserves to be extended the benefit of Section 4 of the Probation of Offenders Act, 1958 (for short 'the Act'). The learned Assistant Advocate General for the State of Punjab/respondent could not place any such material before the Court from which it may be inferred that the revisionist is not entitled to claim the benefit of Section 4 of the Act.

(2.) I am of the considered view that looking to the antecedents of the revisionist and the nature of the offence, it is expedient to release him on probation of good conduct subject to the following conditions:-