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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Gora Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant revision petition has been filed by the petitioner challenging the judgment of conviction and order on quantum of sentence, both dated 30.10.2019, passed by the Court of learned Judicial Magistrate First Class, Budhlada (hereinafter referred to as ‘the trial Court’) in case titled as State vs. Balvir Singh and others , arising out of FIR No. 23 dated 27.04.2016, registered under Sections 148 , 325, 323, 427 and 149 of IPC at Police Station Bareta, whereby the petitioner had been held guilty and convicted under and 323 of read with Section 149 of and was sentenced to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, Mansa (hereinafter referred to as ‘appellate Court’), whereby the appeal filed by the petitioner and other co-accused had been dismissed.
2. Learned counsel for the petitioner, at the very outset, submits that he does not intend to press the petition on the grounds as taken in the revision petition and restricts his argument to the extent that benefit of probation be granted to the pet
The court emphasized that first-time offenders should be granted probation to facilitate rehabilitation instead of incarceration, acknowledging the benefits of reformative justice.
The court emphasizes the rehabilitation of first offenders through probation rather than imprisonment, aligning with the objectives of the Probation of Offenders Act.
Probation is granted to first offenders to promote rehabilitation and avoid further criminalization.
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 central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
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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