Asgar and another vs State of U.P.

S.R. Bhargava, J.—Certified copy of the trial court judgment has been filed.

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 u/s 323/34 I.P.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 same in part. Sentences of the revisionists are set aside. They are granted first offender''s benefit u/s 4 of the U.P. First Offender''s Probation Act. They shall appear before the CJ.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 CJ.M. concerned and receive sentences.

A copy of this order be issued to the counsel of the revisionists on payment of usual charges by 21.8.90.