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 antecedents and the nature of the offence.

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 petitioner further submits that the sentence awarded to the accused petitioner was suspended by this Hon'ble Court vide the order dated 25.08.1998 passed in S.B. Criminal Misc. Bail Application (Suspension of Sentence) No. 203/1998, and thus, he is on bail.

7. Learned counsel for the accused-petitioner however, makes a limited prayer that the accused-appellant(s) 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 behavior: 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 the probation officer concerned in relation to the case.

(3)...

(4)...

(5)..."

8. On the other hand, learned Public Prosecutor opposes the appeal and submits that looking to the overall facts and circumstances of the case and the well reasoned speaking order passed by the learned court below, the accused-petitioner is not entitled for any indulgence by this Court.

9. Heard learned counsel for the parties as well as perused the record of the case.

10. In Arvind Mohan Sinha v. Amulya Kumar Biswas (1974) 4 SCC, the Hon'ble Apex Court observed as under:-

"The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the indignity of incarceration, can be usefully rehabilitated in society.

In recalcitrant cases, punishment has to be deterrent so that others similarly minded may warn themselves of the hazards of taking to a career of crime. But the novice who strays into the path of crime ought, in the interest of society, be treated as being social