State of H.P. vs Subhash Chand - 2023 Supreme(HP) 604

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 604

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
State of H.P. – Appellant
Versus
Subhash Chand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh
Thakur, Advocate.
For the Respondent: :Mr. Jitender Sharma, Additional Advocate General.

Table of Content
1. application for probation consideration. (Para 1 , 2)
2. court's reasoning on probation constraints. (Para 3 , 6 , 7 , 8 , 9)
3. arguments for and against probation application. (Para 4 , 5)
4. probation not allowed for negligent driving. (Para 10)
5. next hearing scheduled. (Para 11)

JUDGMENT :

Rakesh Kainthla, J

1. This order will dispose of an application under Section 4 of the Probation of Offenders Act, 1958 for releasing the applicant/accused on probation.

2. It has been asserted that the applicant was aged 29 years at the time of the commission of the offence. He is married and has two school going children aged about 14 years and 08 years. The applicant’s wife is posted as a clerk in the office of Sub Divisional Collector, Nahan. The mother of the applicant is dependent upon him. The applicant has no criminal antecedents. A criminal case was registered against him vide FIR No. 57 of 2011, dated 3.4.2011 in which he was acquitted. The applicant is in a regular Government job and is employed as a driver in Dr. Y.S. Parmuar University of Horticulture and Forestry, Nauni. The applicant has faced the trial for five long years and was acquitted on 11.02.2010. He has