The central legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act, 1958, based on the nature of the offences, the character of the offender, and the circumstances of the case.

JUDGMENT

Pushpendra Singh Bhati, J. - The matter comes up on an application seeking correction in the judgment dated 25.05.2022 passed by this Court.

2. For the reasons mentioned in the application, the same is allowed.

3. The aforementioned judgment dated 25.05.2022 by this Court in S.B. Criminal Appeal No. 302/1999 is substituted by the following judgment:

"1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, prayed that this appeal may kindly be allowed and the conviction and sentences awarded by the learned Additional Sessions Judge, Pali by his order dated 19.05.1999 to the appellants be set aside."

2. The matter pertains to an incident which occurred in the year 1987 and the present appeal has been pending since the year 1999.

3. Vide impugned judgment dated 19.05.1999 passed by the learned Additional Sessions Judge, Pali in Sessions Case No. 58/1994 whereby the appellants were convicted for the offences under Sections 148, 452, 325/149 & 323/149 IPC; under Section 148 IPC, the appellants were convicted and sentenced to undergo two years' R.I.; under Section 452 IPC, the appellants were convicted and sentenced to undergo three years' R.I. and a fine of Rs. 500/-, in default of payment of which, They were ordered to further undergo two months' R.I.; under Section 325/149 IPC, the appellants were convicted and sentenced to undergo three years' R.I. and a fine of Rs. 500/-, in default of payment of which, They were ordered to further undergo two months' R.I.; and under Section 323/149, the appellants were convicted and sentenced to undergo six months R.I.

4. Since the appellant No. 1-Mithu Singh, appellant No. 7-Narayan Singh and appellant No. 9-Shakti Singh have expired, therefore, the appeal qua appellant No. 1-Mithu Singh, appellant No. 7-Narayan Singh and appellant No. 9-Shakti Singh stands abated. The only accused-appellant No. 2-Ram Singh, appellant No. 3-Jabbar Singh, appellant No. 4-Himmat Singh, appellant No. 5-Parbat Singh, appellant No. 6-Sher Singh and appellant No. 8-Madan Singh are surviving.

5. Learned counsel for the accused-appellants submits that the accused-appellants do not have any criminal antecedents to their discredit.

6. Learned counsel for the appellants further submits that the sentence so awarded to the appellants was however suspended by this Hon'ble Court, vide order dated 14.06.1999 passed in S.B. Criminal Misc. Bail No. 257/1999.

7. Learned counsel for the accused-appellants however, makes a limited prayer that the accused-appellants may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act').

"4. Power of court to release certain offenders on probation of good conduct.--

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of