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SAURABH LAVANIA
Mazhar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned counsel for the appellants and learned A.G.A. for the State and perused the record.
2. Learned counsel for the appellants submits that as the appellant no.1 has expired, hence the appeal qua appellant no.1 may be abated.
3. As per office report dated 12.11.2024, in compliance of order dated 21.09.2024, Chief Judicial Magistrate, Hardoi has sent his report dated 12.11.2024, according to which appellant no.1 has died.
4. In view of the above, the present appeal qua appellant no.1-Mazhar stands abated.
5. The instant Criminal Appeal under Section 374 (2), Cr.P.C. has been moved on behalf of the appellants against the judgment and order 29.06.2009 passed by the learned Special Judge Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (in short ‘SC/ST Act’)/F.T.C. No.5, Hardoi, in Session Trial No.679/1998 (State Vs. Mazhar & Another), arising out of Case Crime No.105 of 1997, P.S. Madhoganj, District Hardoi, convicting and sentencing the appellants to undergo six months simple imprisonment with a fine of Rs.100/-each under Section 323/34 I.P.C. In default of payment of fine to undergo one month additional sentence; to further un
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 ....
The court emphasized the rehabilitative purpose of the Probation of Offenders Act, allowing probation for an offender with no prior convictions and considering age and societal behavior.
The court can extend probation benefits to offenders above 21 years under the Probation of Offenders Act, 1958, emphasizing rehabilitation over punishment.
The court upheld the conviction under Section 307 IPC but granted probation, emphasizing rehabilitation over punishment for offenders above 21 years.
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
(1) Benefit of probation – 1958 Act seeks to harmonize deterrence and reformation while empowering courts to release offenders after admonition or on probation of good conduct under supervision of Pr....
Courts must consider probation for minor offences like voluntarily causing hurt, recording reasons if denied; appellate courts can grant benefit considering delay, offender character, reformatory aim....
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
Point of law : Grant of benefit of probation without calling for report from the probation officer may not be treated to be merely an irregularity. When probation is to be granted, as such, a report ....
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