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MANISHA BATRA
Hari Kishan @ Rana – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural history. (Para 1) |
| 2. petitioner's plea for probation. (Para 2) |
| 3. details of the petitioner's background and time served. (Para 3 , 4) |
| 4. legal precedent and objectives of the probation act. (Para 5 , 6) |
| 5. court's consideration of probation eligibility. (Para 7 , 8) |
| 6. empowerment of courts to grant probation. (Para 9 , 10 , 11) |
| 7. order to release on probation. (Para 12) |
| 8. final conclusion and modification of sentence. (Para 13 , 14) |
JUDGMENT :
Mrs. Manisha Batra, J.
The instant revision petition has been filed challenging the judgment of conviction and order on quantum of sentence, both dated 29.09.2017, passed by the Court of learned Judicial Magistrate First Class, Faridabad (hereinafter referred to as ‘learned trial Court’) in Criminal Case No. 55, titled as State vs. Hari Kishan @ Rana , arising out of FIR No. 502 dated 10.11.2014, registered under Sections 323 and 324 of IPC at Police Station Mujessar, Faridabad, whereby the petitioner was held guilty for commission of aforementioned offences and was sentenced to undergo maximum rigorous imprisonment for a period of 06 months with default clause. The petitioner has also challeng
The court emphasized rehabilitation over incarceration for first offenders of minor offences, allowing probation as a means to promote reform and prevent association with hardened criminals.
The court emphasized that first-time offenders should be granted probation to facilitate rehabilitation instead of incarceration, acknowledging the benefits of reformative justice.
Probation is granted to first offenders to promote rehabilitation and avoid further criminalization.
The court emphasizes the rehabilitation of first offenders through probation rather than imprisonment, aligning with the objectives of the Probation of Offenders Act.
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