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PUSHPENDRA SINGH BHATI
Ratanlal – Appellant
Versus
State – Respondent
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/-
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 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 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 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 an accused-appellant, with no criminal antecedents, to the benefit under the Probation of Offenders Act, 1958, based on the legi....
The main legal point established in the judgment is the application and interpretation of Section 4 of the Probation of Offenders Act, 1958 in granting the benefit of probation to the accused-appella....
The main legal point established in the judgment is the applicability and benefit of Section 4 of the Probation of Offenders Act, 1958 to the case of the accused-appellant convicted under Section 138....
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