JUDGMENT :

1. Shri J. P. Mishra, learned counsel for the petitioner-complainant. Shri R. P. Gupta, learned Government Advocate for the respondent No. 4-State. None for respondents-accused No. 1 to 3. Heard.

2. The petitioner-complainant has come against the order of the appellate Court whereby the appellate Court has confirmed the order of the trial Judge in having granted probation to the accused persons.

3. I find that this approach of the trial Court is perfectly in accordance with the provisions of sections 360 and 361 of Criminal Procedure Code and there is no reason to interfere with such approach.

4. As a matter of fact according to the provisions of sections 360 and 361 of Criminal Procedure Code, it becomes obligatory on the part of the trial Judge or the appellate Judge in giving reasons for not granting the benefit of the probation. Sections 360 and 361 of Criminal Procedure Code are reproduced as under :-

"360-Order to release on probation of good conduct or after admonition :- (1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one y