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SUBHASH VIDYARTHI
Manbodh @ Manoj – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home Sectt. Lko – Respondent
JUDGMENT :
(Subhash Vidyarthi J.)
(I.A. No.2 of 2024- Delay Condonation Application)
(I.A. No.3 of 2024- Recall Application)
1. This is an application for condonation of delay in filing an application for recall of the order dated 29.03.2024 which has been filed by the opposite party No. 2 - informant on the ground that the revision has been allowed without issuing notice to her and she was not aware about passing of the order dated 29.03.2024 due to which a delay has occurred in filing the application for recall of the order. Recall of the order dated 29.03.2024 has been prayed on the ground that this order has been passed without giving an opportunity to her to oppose the revision.
2. On 04.06.2024, the learned Counsel for the revisionists had prayed for and was granted three weeks’ time for filing objections against the applications but no objections have been filed till date, indicating that the revisionist does not dispute the averments made in the applications and the affidavits filed in support thereof.
3. Section 410(2) Cr.P.C. provides as follows: -
The denial of probation benefits to first offenders without cogent reasons is unreasonable, and the right to be heard is fundamental in criminal proceedings.
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court applied the Probation of Offenders Act, 1958 to release the first-time offender on probation, considering the nature of the offence and the character of the offender.
The main legal point established is the discretionary nature of the power to grant probation, considering the nature of the offence and the character of the offender, and the applicability of probati....
The discretion to extend the benefit of probation of good conduct to the accused under Section 360 of CrPC and the provisions of Probation of Offenders Act is based on the age, character, antecedents....
Benefit of probation can be extended, having due regard to nature of offence and character of offender.
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