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ABHAY S. OKA, RAJESH BINDAL
Soori @ T. V. Suresh – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
Rajesh Bindal, J.
1. The appellant having been convicted under Section 80 of the Karnataka Police Act, 1963 (for short, ‘the 1963 Act’) has filed the present appeal. Notice in the appeal was issued on 27.02.2023 limited to the extent of consideration as to whether the appellant can be granted benefit of probation.
2. The brief facts of the case are that FIR dated 16.8.2007 was registered against 24 accused persons including the appellant under sections 79 and 80 of the 1963 Act as they were found to be indulging in gambling. The charge sheet was filed and the Trial Court vide order dated 21.8.2007 convicted them under Section 79 & 80 of the 1963 Act and sentenced them to undergo imprisonment for a period of one year each under both the provisions along with a fine of Rs. 600/-after the accused had pleaded guilty. At that stage, the accused filed affidavits before the Trial Court undertaking that they will not commit such offence in future and taking note of that, the Trial Court sentenced the accused to imprisonment till the rising of the Court.
3. Aggrieved by the said order, the State preferred appeal against accused no. 1 to 5. The learned Additional Sessions Judge, Mysor
Benefit of Probation can be granted in petty offences where convict has no criminal antecedents.
In cases involving first-time offenders, courts must mandatorily consider the applicability of probation laws. While statutory presumptions in special statutes support conviction, sentencing should p....
The court emphasized the need for a valid confession and the obligation of the court to ensure no injustice is caused and equal protection of laws is provided.
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
Courts must consider probation for minor offences like voluntarily causing hurt, recording reasons if denied; appellate courts can grant benefit considering delay, offender character, reformatory aim....
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