State
and Ld. Counsel for complainant submitted that convicts be not granted
probation and they be awarded severe sentence. However, in case they are
granted ... benefit of probation
U/s 360 Cr.PC and U/s 4 of Probation and Offenders Act 1958. Accordingly,
they are granted the benefit
under the provisions of the PC Act cannot be
granted benefit of release on probation of good conduct under
Section 360 of the Code ... Karnataka v. Muddappa6 in which case the benefit of release
on probation was granted to the convict.
6. The benefit of the provisions of Section
offences
under Sections 323 / 352 of IPC and was granted probation.
3. It was further urged by petitioner's counsel that instant complaint
filed
been brought to the notice of the trial court otherwise the probation granted to
the respondent would have been cancelled. It is further submitted that ... filed before the ld.trial court
which has granted the benefit of probation to the respondents. In these
circumstances, a doubt is created about
case. Interest of justice would be served if the appellants are granted
probation and at the same time compensate the injured persons.
Appellants' counsel
Rajasthan in which in identical
3
situation the benefit of probation was granted.
Per contra, the learned Public Prosecutor vehemently
opposed the prayer and submits ... that
case incident took place on 15.8.1982 and benefit of probation
was granted in the year 1995 and here in this case, the
incident took
learned appellate court upheld the conviction, but modified the sentence and granted probation.
5. None was present on behalf of the revisionists even
upheld but the accused persons were granted probation.
6. It is well settled law that the evidence in revision as far as it relates
Singh and Anr."
Petitioners were tried, convicted and granted probation by
learned Judicial Magistrate, Class-I, Faridkot, ('trial Court' - for short) vide
shoulder, I find no good reason to deny the
benefit of probation to appellant. Considerations which ought to weigh
with the court at the stage ... Chandreshwar
(supra) to the facts of the instant case, appellant is granted probation.
Upon appellant furnishing probation bond
