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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Kailash Chandra Nai S/o Shri Mohanlal Ji Nai – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. fact of the incident and conviction upheld. (Para 1 , 2) |
| 2. petitioner lacks criminal antecedents; seeks probation. (Para 4) |
| 3. court discusses probation benefits and relevant case law. (Para 7 , 8) |
| 4. expedient conclusion on probation and record return. (Para 9) |
Order :
1. The matter pertains to an incident that occurred in the year 1993 and the present revision petition has been pending since 2005.
2.1. The accused petitioner was convicted and sentenced vide judgment dated 03.02.2003 passed by the learned trial court as below :-
3. The offence under Section 420 of IPC, as per the Indian Penal Code, is punishable with imprisonment for a term which may extend to seven years imprisonment; and imprisonment for the offence under Section 471 of IPC, as prescribed under Section 465 IPC is the one, which may extend to two years.
4.1. Learned counsel for the revisionist-petitioner further submits that the sentence awarded to the revisionist-petitioner was suspended by this Hon’ble Court vide the order dated 22.09.2005 passed in S.B. Criminal Misc. Suspension of Sentence Application No.191/2005, and thus, he is on bail.
“4. Power of court to release certain offenders on probation
The court emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The main legal point established in the judgment is the entitlement of the accused-appellant to the benefit under the Probation of Offenders Act, 1958 based on the absence of criminal antecedents and....
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