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PUSHPENDRA SINGH BHATI
Rajesh – Appellant
Versus
State Of Rajasthan – 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. As per the report dated 31.03.2022, petitioner No. 2-Ashok has already died. Thus, the present petition to the extent of petitioner No. 2 stands abated.
3. So far as the petitioner No. 1 is concerned, the matter pertains to an incident that occurred in the year 1992 and the present revision has been pending since 1998.
4. Vide impugned judgment dated 29.06.1998 the learned Additional District and Sessions Judge No. 2, Jodhpur in Appeal Case No. 19/97 convicted the petitioner and affirmed the judgment dated 23.07.1997 for the offence under Section 324 & 326 of IPC and the petitioners have been sentenced him to undergo six months R.I. & 03 years' R.I. along with a fine of Rs. 5000/- default in payment of which he was to further undergo three months of S.I. respectively.
5. Learned counsel for the accused-petitioner submits that the accused petitioner do not have any criminal antecedents to his discredit.
6. Learned counsel for the accused p
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 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 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 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 entitlement of the accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedents a....
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.
The central legal point established in the judgment is the entitlement of a person below 21 years and without previous criminal antecedents to the benefit under the Probation of Offenders Act.
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....
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