The central legal point established in the judgment is the entitlement of accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on their lack of criminal antecedents and the court's interpretation of the legislative intent and previous decisions.

ORDER

1. 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(2) Cr.P.C. praying for the following reliefs:-

'It is, therefore, most humbly and respectfully prayed that this criminal appeal, may kindly be allowed, and order dated 01.11.2018 (Annexure-1) passed by learned Special Judge, Electricity Act Cases (Additional District and Sessions Judge, NO.1) Chittorgarh, may kindly be quashed and set aside and accused may be discharged of the allegations levelled against him.'

3. Vide impugned judgment dated 01.11.2018 the learned Special Judge, Electricity Act Cases (Additional District and Sessions Judge, No.1 Chittorgarh) in Criminal Case No.256/2017 convicted the accused-appellants for the offence under Sections 135 & 138 of the Electricity Act, 2003; sentence awarded to the appellant no.1 is as under :-

135 of Act:

02 years' S.I. and a fine of Rs.5000/- in default of payment of fine to further undergo two months' S.I.

138 of Act:

02 Years' S.I. and a fine of Rs.5000/- in default of payment of fine to further undergo two months' S.I.

The sentence awarded to the appellant no.2 is as under :-

135 of Act:

02 years' S.I. and a fine of Rs.10000/- in default of payment of fine to further undergo three months' S.I.

138 of Act:

02 Years' S.I. and a fine of Rs.10000/- in default of payment of fine to further undergo three months' S.I.

4. Learned counsel for the accused-appellant further submits that the sentence awarded to the accused-appellants was suspended by this Hon'ble Court vide the order dated 29.11.2018, and thus, he is on bail.

5. Learned counsel for the accused-appellants however, makes a limited prayer that the accused-appellant 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 the probation officer concerned in relation to the case.

(3)...

(4)...

(5)... '

6. 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-appellant is not entitled for any indulgence by this Court.

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

8. In Arvind Mohan Sinha Vs. 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 incar