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PUSHPENDRA SINGH BHATI
Babu Lal – Appellant
Versus
State Of Rajasthan – Respondent
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 o
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 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 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 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 court's discretion to extend the benefit of probation under the Probation of Offenders Act based on the nature of the offence and the character....
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958, based on the nature of the offence, the age of the appellant, and the absence of criminal ....
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