Munishwar Nath Bhandari, J. - (1.) BY this criminal revision petition, challenge is made to the order of conviction and sentence so as the order passed in appeal. Learned counsel for petitioner submits that main allegation is against accused Ved Prakash and Surendra Singh Yadav yet petitioner has been convicted for offence under section 420 and 120B IPC. The allegation against other co -accused is for cheating for making appointment in the Railways. All transactions for the purpose of appointment in the Railways were made by accused Ved Prakash. No role is assigned to petitioner -Durga Prasad Jain other than for taking doctor and nurses for medical examination of the candidates/complainant. Revision petitioner was not knowing that medical camp is arranged for employment in Railways thus he has been wrongly made accused and convicted. While passing the order of conviction, the court below failed to consider provisions of sections 360 and 361 Cr.P.C. more so when petitioner was entitled for probation under the Probation of Offenders Act, 1958. Looking to the aforesaid and the first offence of the petitioner, he is entitled to benefit of probation even if the order of conviction is maintained.
(2.) LEARNED PP opposed the revision petition and submits that special role has been assigned to the petitioner for commission of offence under sections 420 and 120B IPC. The trial court considered the evidence and found petitioner to be involved in the matter and passed order of conviction. So far as the present petitioner is concerned, he has been convicted under section 420 read with section 120B IPC and sentenced for one year and six months' rigorous imprisonment with fine of Rs. 5,000/ -, in default of payment of fine, to further undergo three months' rigorous imprisonment, otherwise, acquitted of the other offences. The trial court has not extended benefit of probation though no reason has been assigned for that.
(3.) NOW this court may not extend benefit of probation to the petitioner, rather, maintain order of conviction and sentence.;