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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Dinu @ Dinesh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. conviction under ipc 279, 337; probation not considered by lower courts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. whether probation relief extendable to convict. (Para 9) |
| 3. probation depends on offence nature; not for death by negligence. (Para 10 , 11) |
| 4. probation granted in prior 279/337 ipc cases. (Para 13 , 14 , 15) |
| 5. expedient to grant probation for first offender reformation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. sentence modified to probation, bond, compensation. (Para 23 , 24 , 25 , 26) |
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 (hereinaf
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....
First offender convicted of rash driving causing hurt (no death) released on probation balancing deterrence against good conduct, family needs, reformatory justice, despite general Supreme Court caut....
Section 4 of Probation of Offenders Act power of Court to release certain offenders on probation of good conduct.
Probation benefits under Section 3 of Probation of Offenders Act cannot extend to convictions under IPC Section 304A for death by rash/negligent driving, emphasizing deterrence amid rising road accid....
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
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