ORDER :

Meenakshi Madan Rai, J.

1. By filing these applications being I.A. No.10 of 2019 and I.A. No.12 of 2019, the Applicant/Respondent-Accused (hereinafter, the Respondent) prays that he be released on probation under Sections 4 and 12 of the Probation of Offenders Act, 1958 read with Section 482 of the Code of Criminal Procedure, 1973. It is submitted by Learned Senior Counsel that the Respondent is of good character and good conduct. Besides, he is aged about 60 years and retired as the Headmaster of a Government Primary School.

During his service he was felicitated by the Sikkim Teachers Association in the year 2007 and received two commendation Certificates from the Government of Sikkim and the Limboo Cultural society respectively. These documents adequately establish the good antecedents of the Respondent. He is also suffering from various ailments and considering that the penalty is imposed under Section 354A of the Indian Penal Code, 1860 (hereinafter, IPC), he be released on probation. That, the Respondent has infact already undergone imprisonment of approximately one year and five months during the trial. Learned Senior Counsel for the Respondent fortifies his submissions