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2022 Supreme(Raj) 1660

PUSHPENDRA SINGH BHATI
Narpat Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Rajeev Bishnoi, Advocate, for the Appellant
Gaurav Singh, PP, for the Respondents

Judgement Key Points

Certainly. Here are the key points derived from the legal document:

  • The court emphasized its discretion to extend the benefit of probation under the Probation of Offenders Act, 1958, based on legislative intent and relevant legal principles (!) .
  • The appeal involved a case where the accused were acquitted of one offence but convicted of others, with the sentence being suspended and the appellants on bail (!) (!) [17000631920002][17000631920004].
  • The accused had no criminal antecedents and were found suitable for the benefit of probation, which the court considered appropriate given their character and circumstances of the case (!) (!) [17000631920009].
  • The court recognized the reformative purpose of the Probation of Offenders Act, aiming to rehabilitate offenders rather than impose harsh punishments, especially for first-time offenders or those with environmental factors influencing their conduct (!) (!) .
  • The court noted that the nature of the offence, the age of the offender, and the circumstances under which the offence was committed are relevant considerations for granting probation (!) .
  • The court highlighted that the discretion to grant probation is to be exercised when it appears expedient and appropriate, considering the specific facts of each case (!) .
  • The court directed the accused to be released on probation upon furnishing a personal bond and sureties, with conditions to maintain peace and good conduct for a specified period, reflecting the court’s view that such measures serve the interests of justice and social reintegration (!) (!) .
  • The appeal was partly allowed, maintaining the conviction but modifying the sentence to grant probation, with the appellants not required to surrender as their bail bonds were discharged (!) .

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JUDGMENT

Pushpendra Singh Bhati, J. - This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following relief:-

      "It is, therefore, humbly prayed that the appeal of the appellants may kindly be accepted and the order under appeal may kindly be set aside and the appellants may be acquitted of the charges."

      2. The matter pertains to an incident that occurred in the year 1992 and the present appeal has been pending since 1993.

      3. Vide impugned judgment dated 07.06.1993 the learned Special Judge SC/ST (Prevention of Atrocities), Jodhpur in Sessions Case No. 159/1992 and acquitted the accused-appellants for the offence under Section 397 IPC, but convicted them for the offence under Sections 332 and 333 IPC. The appellants were sentenced for the offence made out under Section 332 IPC and were directed to undergo three months' S.I., along with a fine of Rs. 200/- and in default of payment, they were ordered to further undergo one month's S.I. and under Section 333 IPC they were convicted for two years' S.I. and a fine of Rs. 500/- in default of payment, they were to further undergo two months' S.I.

      4. Learned counsel for the accused-appellants submits that the accused

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