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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Ram Krishan – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. procedural history of revision against driving convictions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. convict seeks probation as first offender. (Para 6) |
| 3. trial ignored probation; report recommends it. (Para 7 , 8 , 10) |
| 4. no probation for rash driving deaths: deterrence. (Para 11 , 12) |
| 5. probation allowed in similar driving cases. (Para 13 , 14 , 15 , 16 , 17) |
| 6. good conduct and mitigation support probation. (Para 18 , 19 , 20 , 21 , 22) |
| 7. reformatory justice favors probation for first-timers. (Para 23 , 24 , 25 , 26) |
| 8. sentence modified to probation with compensation. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
Virender Singh, J.
Cr.MP No. 4660 of 2025
By way of the present application, indulgence of this Court has been sought to place on record, the record pertaining to Case FIR No.557 of 2008, which, as per report of the Probation Officer, is pending adjudication, before the learned trial Court, whereas, as per the contents of the application, in the above case, matter has been compromised way back on 28.10.2010.
Since, the documents, which are sought to be placed on record, have bearing upon the merits of the case, as such, the documents are ordered to be taken on record.
Application st
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....
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.
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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