Back
PUSHPENDRA SINGH BHATI
Roop Lal – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-
"It is, therefore, most respectfully prayed that this criminal revision petition may kindly be allowed and the impugned judgments dated 04.05.2010 & 29.06.2012 passed by the learned Special Judicial Magistrate (Negotiable Instrument Act Cases) No. 2, Udaipur and the learned Addl. Session Judge No. 2, Udaipur in appeal respectively may kindly be quashed and set aside and the petitioner be acquitted honorably."
3. The matter pertains to an incident that occurred in the year 2000 and the present appeal has been pending since 2012.
4. Vide impugned judgment dated 29.06.2012 the learned Additional Sessions Judge No. 2, Udaipur in Criminal Appeal No. 04/2011 affirmed the judgment dated 04.05.2010 passed by learned Special Judge Magistrate (NI Act Cases) No. 2 Udaipur in Case NO. 3083/2009 convicted the petitioner for the offence under Section 13
The main legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act based on the nature of the offence and the character....
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedent....
The court applied the legislative intent of the Probation of Offenders Act and previous decisions to extend the benefit of Section 4 to the accused-appellant, allowing release on probation with speci....
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958, based on the nature of the offence, the age of the appellant, and the absence of criminal ....
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 c....
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
The main 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 legislative intent of the Act an....
The court's decision was influenced by the absence of criminal antecedents of the accused-appellant and the legislative intent of the Probation of Offenders Act, 1958.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
