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1970 Supreme(All) 309

M. H. BEG
Virendra Kumar Jain – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
R.S. Dhavan, For the Appellant / S.H.S. Abdi for opposite party, For the Respondent

ORDER

M.H. Beg, J. - The Applicant was an Assistant Supervisor (Hydel), Sub Division Kakore in the district of Bulandshahr and was alleged to have demanded a bribe of Rs. 200/-. He was convicted on evidence including that of a trap and sentenced to two years' RI u/s 161 IPC and four years' RI u/s 5(1)

(d) read with Sub-section (2) of the Prevention of Corruption Act. The Applicant was also sentenced to pay a fine. On an appeal, this Court, after the examination of the whole evidence, affirmed the Applicant's convictions, but his sentence u/s 5(1)(d)(2) was reduced from four years' RI to three years' RI. The sentences were made concurrent.

2. The Applicant has now applied practically for a review u/s 561-A Code of Criminal Procedure. He states that he is a young man of 28 years, who has lost his job as a result of his conviction and that he is the bread winner of his family consisting of his wife and children. It is also stated in the application that he is a first offender against whom there is no previous conviction. It is prayed that action may now be taken against him under the UP First Offenders (Probation) Act, 1938, (hereinafter referred to as 'the Act') and that an order under

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