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PUSHPENDRA SINGH BHATI
Lala @ Shyam Lal – 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. The matter pertains to an incident that occurred in the year 2014 and the present appeal has been pending since 2016.
3. Vide impugned judgment dated 05.02.2016 the learned Special Judge (Electricity Act Cases), Additional District & Sessions Judge No.1, Chittorgarh in Sessions Case No.27/2014 convicted the accused-appellants for the offences under Sections 136 & 140 of Electricity Act and sentenced them to undergo one year S.I. and a fine of Rs. 5000/-, in default of payment of which they were to further undergo one month simple imprisonment (for Section 136); imposed a fine of Rs.5000/- in default of payment of which, to undergo one month S.I. (For Section 140).
4. Learned counsel for the appellants submits that the accused- appellants do not have any criminal antecedents to their discredit.
5. Learned counsel for the appellants further submits that the sentence awarded to the accused-appellants was suspended by this Hon'ble Court vide the order dated 19.02.2016
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 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 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 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 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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