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 specified conditions.

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. This Criminal Appeal has been preferred by the appellant claiming the following reliefs:-

"It is, therefore, prayed that this appeal may kindly be allowed and the impugned judgment dated 27.04.2015 passed by the learned Special Judge Electricity Act Cases, Hanumanggarh in Sessions Case No. 52/2010 (CIS 21/2014) (State v. Babu Lal) may kindly be quashed and set aside."

3. Learned counsel for the appellant does not make any submission on merits, but seeks a limited prayer that the accused-appellant may be granted benefit under Section 4 of the Probation of Offenders Act, 1958. Section 4 of the Probation of Offenders Act, 1958 reads as under:-

"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)... "

4. 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.

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

6. 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 socially sick. Crimes are not always rooted in criminal tendencies and their origin may lie in psychological factors induced by hunger, want and poverty. The Probation of Offenders act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in society."

7. In Brij Lal v. State of Rajasthan RLW 2022 Raj 945, a Coordinate Bench of this Court observed as under:-

"Under Section 4 of the Probation of Offenders Act nature of offence is one of the major-criteria for determining whether benefit of this provision should be given to the concerned offender or not. His age would be another relevant factor and the circumstance in which the offence was committed may be 3rd important considerati