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Allahabad High Court · body

1990 DIGILAW 768 (ALL)

Asgar v. State of U. P

1990-08-18

S.R.BHARGAVA

body1990
JUDGMENT S.R. Bhargava, J. - Certified copy of the trial court judgment has been filed. 2. Heard learned counsel for the revisionists and learned A.G.A. There is no force in this revision on the point of conviction. Lower appellate court has reduced the Sentences of the revisionists to six months for offence under section 323/34 LP.C. short term sentences do not serve any useful purpose. The two lower courts have not assigned any reason for refusing first offender's benefit to the revisionists. Hence at this very stage I admit the revision on the point of sentences and allow the sarnie in part. Sentences of the revisionists are set aside. They are granted first offender's benefit under section 4 of the U.P. First Offender's Probation Act. They shall appear before the C.J.M. Moradabad within three weeks and shall submit their bonds with two sureties each for their good, behaviour and maintaining peace for one year to the satisfaction of C.J.M. Moradabad. During the period of probation herein granted, they shall not be under the supervision of the Probation Officer and their conviction shall remain suspended. In default of submission of their bonds in any term of the bonds they shall be liable to appear before C.J.M. concerned and receive sentences. 3. A copy of this order be issued to the counsel of the revisionists on payment of usual charges by 21.8.90.