1984 (4) TMI 56

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was released by the trial court under Section 4 of First Offenders Act on a personal bond and two sureties. The applicant did not prefer any appeal against such conviction and sentence. The State preferred a revision No. 1160 of 1983 against the sentence and the revisional court vide its order and judgment dated 9-12-1983 set aside the order of the Magistrate granting probation and remanded the c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....with law. The revisional court could not have directed a retrial when any appeal assailing the conviction was not preferred nor the conviction was challenged. The revisional court was concerned with a limited question of sentence alone on account of State having filed a revision for alteration of the sentence. The revisional court, once revision is entertained, is vested with the jurisdiction to p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... on matter of sentence namely the benefit accorded under Section 4 of the U.P. First Offenders Act, made a reference in revision. It was held that it is proper to send back the case to the trial court which may award suitable sentence to the accused because then accused would have a right to appeal. The case was remanded back by this Court to the Additional Sessions Judge. This authority is on all....