Beni and Another vs State of U.P.

Ikram-ul-Bari, J.—This petition u/s 482, Cr. P.C. has been filed by Beni and Manni who were two of the revisionists in Crl. Revision No. 560 of 1985. The revision was decided on merits on 29.7.1997, after hearing the counsel for the applicants.

At the time of the hearing of the revision the learned Counsel for the applicants had pleaded for release of the applicants on probation. The request was turned down on the ground that no such request was ever made before the trial court or the appellate court.

Now it is pointed that such request had been made before the trial court. It is argued that the trial court had rejected the request without giving adequate reasons and rejection of request was arbitrary on the part of the trial court. It is also contended that similar request was made before the appellate court but the appellate court has not referred to this request in the judgment.

It has been noticed that in the trial court judgment there is a reference to the request for release of four accused on probation. The trial court has rejected the request with the statement. "Vidhwan Adhiwakta ko sunne ke paschat mai is mat ka hoonki jis vad me uprokt parishthitiyon ko us me first offender ka labh dena nyayuchit nahi samjhta hoon."

It is to be accepted that the request of the learned Counsel for the applicants at the time of the hearing of the revision was not properly appreciated and the factum of such request before the trial court was not noticed. The basis of the denial of the benefit of the provisions of the First Offender Act was that no such request was made before either of the Courts below. The basis was not correct.

This Court''s order dated 29.7.1997 is, therefore, recalled. The orders of the trial court and the appellate court against which the revision has been filed are set aside. The trial court is directed to reconsider the request for release on probation of the applicants and decide it in accordance with law within one month from the date of presentation of a certified copy of this order after giving cogent reasons.