JUDGMENT :

The petitioner is aggrieved of the order dated 26th June 2015 passed in Criminal Appeal No. 223 of 2010.

2. A First Information Report being Sakchi PS Case No. 59 of 2005 was lodged against five accused persons – the petitioner was the informant. After investigation, the investigating officer submitted charge-sheet under sections 341, 323 and 325/34 of the Indian Penal Code. This First Information Report was converted into G.R Case No. 1284 of 2005 corresponding to T.R No. 96 of 2010.

3. The judgment in T.R No. 96 of 2010 corresponding to G.R Case No.1284 of 2005 convicting the accused for the aforesaid offences came to be challenged by them in Criminal Appeal No. 223 of 2010. The appellate Court by judgment dated 26th June 2015 partly allowed the appeal releasing the opposite party nos. 2 to 6 extending benefit under section 4 of the Probation of Offenders Act, 1958.

4. In principle, this Court would agree with the learned counsel for the petitioner that the benefit of probation could not have been given without any report from the Probation Officer, but for, the provisions under section 401 of the Code of Criminal Procedure that the High Court in exercise of revisional