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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Dinu @ Dinesh – Appellant
Versus
State of Himachal Pradesh – Respondent
Judgment :
Virender Singh, J.
Petitioner has preferred the present criminal revision, against the judgment, dated 14th March, 2014, passed by the Court of learned Sessions Judge, Mandi, District Mandi, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No. 19/2013/2012, titled as Dinu @ Dinesh versus State of Himachal Pradesh .
2. Vide judgment, dated 14th March, 2014, the learned Appellate Court has dismissed the appeal preferred by the petitioner, against the judgment of conviction, and order of sentence, dated 9th November, 2012, passed by the Court of learned Judicial Magistrate First Class, Joginder Nagar, District Mandi, Himachal Pradesh (hereinafter referred to as the ‘trial Court’) in Police Challan No.137II of 2009, titled as State of Himachal Pradesh versus Dinu @ Dinesh.
3. The learned trial Court, vide judgment of conviction and order of sentence, as referred to above, has convicted petitioner Dinu @ Dinesh for the offences punishable under Sections 279 and 337 of the Indian Penal Code (hereinafter referred to as ‘IPC’), and sentenced him, as under:
(i) For the offence punishable under Section 279 IPC, the petitioner has been sentenced to undergo
Probation under Section 4 PO Act granted for Sections 279/337 IPC offences to first offender despite rash driving deterrence principle, based on good character, family dependence, reformatory justice....
Section 4 of Probation of Offenders Act power of Court to release certain offenders on probation of good conduct.
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
The court emphasized the necessity for trial courts to consider the application of probation laws for first-time offenders and the requirement to provide reasons for not applying such provisions.
The court emphasized the necessity of considering probation for first-time offenders and the requirement for special reasons when denying such benefits, particularly under the Probation of Offenders ....
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