JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Joshua Sheqi, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Public Prosecutor for the State of Nagaland. None appears for the respondent No. 2 (the informant).

2. This Criminal Revision Petition has been registered on filing of an application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 by the petitioners, namely, Shri Joseph Zhimomi and Shri Tokhuvi Sheqi impugning the judgment dated 28.02.2022 passed by the learned Sessions Judge, Kohima in Criminal Appeal No. 1/2022 and order dated 25.01.2022 passed by the learned Judicial Magistrate, 1st class, Kohima Nagaland in G.R. Case No. 120/2018.

3. The facts relevant for adjudication for this Criminal Revision Petition, in brief, are as follows:-

(i) That on 11.08.2018, one Mr. Lanuwati, UDA, Commissioners Office, Kohima, Nagaland lodged an FIR before the Officer-in-Charge of South Police Station, Kohima, Nagaland, interalia, alleging that on that day at around 8.30 p.m., one red colour Gypsy bearing registration No. NL-10-4941 lost from Agri Colony, Kohima. On receipt of the said FIR, Kohima South Police Station Case No. 29/2018 was registered under Sections 379/34 of the Indian Penal Code.

(ii) On the same day at 22.30 hours, the said vehicle was intercepted at Peducha Check Gate and the suspected persons, namely, Shayang Konyak and Tokishe Jakhalu were arrested. During the course of investigation, the present petitioners, namely, Shri Joseph Zhimomi and Shri Tokhuvi Sheqi were also arrested. Ultimately, after completion of the investigation, the Investigating Officer, laid charge-sheet dated 27.12.2018 under sections 379/34 of the Indian Penal Code read with section 7 of the NSR, 1962 against the accused persons, namely, Tokishe Jakhalu (A-1), Shayang Konyak (A-2), Tokhuvi Sheqi (A-3 and present petitioner No. 2) & Joseph Zhimomi (A-4 and present petitioner No. 1). Both the present petitioners appeared before the learned Judicial Magistrate, 1st class, Kohima on 25.01.2022 and on that day, learned Judicial Magistrate, 1st class, Kohima framed charges under sections 379/34 of the Indian Penal Code against both the present petitioners. When the said charge were read over and explained to the present petitioners, they pleaded guilty to the said charge and on the basis of their plea of guilt, both of them were convicted under sections 379/34 of the Indian Penal Code read with section 7 of the NSR, 1962. Thereafter, the counsel for the present petitioners filed an application under section 4 of the Probation of Offenders Act, 1958 praying for releasing the present petitioners on probation of good conduct as they were first time offender, however, learned Judicial Magistrate, 1st class, Kohima did not find it justified to extend the benefits of the Probation of Offenders Act, 1958 to the present petitioners and accordingly after hearing them on the point of sentence both the present petitioners were sentenced to pay fine of Rs.3,000/-each and in default of payment of fine to undergo simple imprisonment for 1(one) month.

4. Being aggrieved by the order dated 25.01.2022 passed by the learned Judicial Magistrate, 1st class, Kohima in G.R. Case No. 120/2018, the present petitioners preferred an appeal before the learned Sessions Judge, Kohima which was registered as Criminal Appeal No. 1/2022. However, the said appeal was also dismissed by judgment and order dated 28.02.2022 passed by the learned Sessions Judge, Kohima.

5. Being aggrieved and dissatisfied with the order of learned Sessions Judge dated 28.02.2022 passed in Criminal Appeal No. 1/2022, the present petitioners have preferred this instant revision petition on the following grounds:-

(i) For that, the learned Courts below have erred in law by not granting relief of section 3/4 of the Probation of Offenders Act, 1958 to the revisionists/petitioners.

(ii) For that, the Act itself has clearly states that when any person is found guil