- (1.) Present appeal is filed by the appellants Kamta Singh and another against the order dated 14.8.2015 passed by the Additional Sessions Judge, Court No. 7, Allahabad in S.T. No. 145 of 2003 (State Vs. Kamta Singh and others) arising out of case crime no. 26-A of 1997, under Section 325 IPC, Police Station Handia, district Allahabad whereby the appellants have been convicted under Section 325 IPC and have been extended with the benefit of first offender under the provisions of Probation of Offenders Act with the directions to file bonds before the District Probation Officer for two years.
(2.) During the course of arguments on the point of admission, learned counsel for the appellants submitted that accused appellants have furnished surety bonds in compliance of the impugned order. He has waived all other grounds taken in the appeal except the reduction of probation period allowed by the trial court. It was submitted that accused appellant no. 1 Kamta Singh is aged about 78 years and it will not be possible for him to walk without any human assistance to reach the office of District Probation Officer continuously for two years. It was next contended that the appellant no. 2 Mukesh Singh lives in Mumbai in respect of his livelihood. He would also face problem in frequently appearing before the District Probation Officer. Prayer has been made to reduce the probation period of both the appellants.
(3.) Learned A.G.A. Argued that the trial court itself adopted the lenient view and only two years probation period was allowed to the appellants, therefore, submissions raised by the learned counsel for the appellants is not acceptable and the appeal is liable to be dismissed. Learned A.G.A. did not dispute the age of the appellant no. 1.;