HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1181 of 1989 Court No. - 53 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State. 2. This criminal appeal has been preferred against the judgment and order dated 27.04.1989 passed by the Special Judge (E.C. Act), Kanpur Nagar, in Sessions Trial No. 19 of 1986, convicting and sentencing the appellants under section 3/7 of the E.C. Act to undergo three months rigorous imprisonment and 2000/- as fine. 3. Learned counsel for the accused-appellant submits that the accused-appellant has not been convicted previously for any offence and he is the first time offender. He at the outset submits that he is not challenging the impugned judgment and order of conviction and he is confining his submission in the criminal appeal only with respect to the order of sentence. 4. In view of the aforesaid submission of the learned counsel for the accused- appellant, the criminal appeal is dismissed so far as it relates to the impugned judgment and order of conviction, passed by the learned trial court. The impugned judgment and order of conviction , passed by the learned trial court is hereby, upheld. 5. Learned counsel for the accused-appellant further submits that in view of the aforesaid facts and circumstances, including the fact that the accused-appellant has not been convicted previously for any offence, the trial court ought to have invoked the provisions of the Probation Offenders Act, 1958 (hereinafter referred to as 'the Act' for the sake of brevity). 6. The trial court did neither invoke the provisions of the aforesaid Act nor the provisions of Section 360 Cr.P.C., while sentencing the accused- appellant.The trial court has not given any special reason in the impugned judgment and order of conviction and sentence for not giving the benefit of provisions of Section 360 Cr.P.C., or the provisions of the Act, 1958. 7. Learned counsel for the accused-appellant submits that to that extent, the impugned Versus Counsel for Appellant(s) : R.P. Singh Counsel for Respondent(s) : G.A. Ugrasen .....Appellant(s) State .....Respondent(s) judgment and order suffers from serious illegality being violative of provisions of Section 361 Cr.P.C. and, therefore, it cannot be sustained. 8. Section 361 of the Code is required to be applied with or without the beneficial provisions i.e. Section 360 of the Code or provisions of the Act, 1958. If the Court chooses not to apply either of these provisions, it is required to give special reasons for not applying the beneficial provision in case the accused offender otherwise, is eligible for provisions of Section 360 of the Code or Section 3 or 4 of the Act. 9. The accused-appellant has statutory right for claiming the benefit of beneficial legislation i.e. the provisions of the Act and the learned trial court was under a duty to consider the applicability of Section 360 Cr.P.C or Sections 3 or 4 of the Act as mandated under Section 361 Cr.P.C. If the provisions of Section 360 Cr.P.C or provisions of the Act were not applied, then the learned trial court should have recorded reasons for the same. 10. Learned AGA, appearing for the State does not dispute the fact that the accused- appellant is the first time offender and was not previously convicted in any other case. He further submits that in view of the express provisions of Section 361 Cr.P.C, considering the facts and circumstances, nature of the offence, the character of the accused-appellant and particularly, the time period which has lapsed since the date of incident, the benefit of Section 4 of the Act can be granted in this case. 11. In view of the above facts and circumstances mentioned and considering the scope of Section 4 of the Act, this criminal appeal is, accordingly dismissed by upholding the conviction of the accused-appellant. However, he is granted benefit of Section 4 of the Act. The accused-appellant/Ugrasen is released on probation. The accused/appellant shall file personal bond to the tune of Rs. 20,000/ and he shall keep peace in the society and shall not commit any such offence in future. The bond shall be for one year. The appellant is directed to pay fine of Rs. 2000/- if not paid, within 30 days from today. 12. In case of breach of any such condition by the accused-appellant during the next one year, the sentence of imprisonment as ordered shall continue. The bond filed by the appellant/accused shall stand discharged upon completion of the period of probation, i.e. one year. 13. Let a copy of this judgment as well as the record, if any, be transmitted to the concerned trial court forthwith for necessary compliance. March 31, 2026 K.K. Maurya CRLA No. 1181 of 1989 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad