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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NAND PRABHA SHUKLA
Babu Ram – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under ipc 324/34 (Para 1 , 2 , 3 , 4 , 5) |
| 2. probation powers under poa sections 3,4 and crpc 360 (Para 6 , 7 , 8) |
| 3. courts must consider probation for minor offences (Para 9 , 10) |
| 4. precedents favor reformatory probation approach (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. probation granted for old case, no antecedents (Para 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.
2. This appeal under Section 374 Cr.P.C. has been preferred against the judgment and order dated 22.09.1988 passed by X Additional Sessions Judge, Bareilly in S.T. No. 185 of 1986 convicting the appellant Baburam under Section 324 IPC and sentencing him one year R.I. and co-appellant Mallah convicted one year R.I. under /34 and also fine of Rs. 1000/- each and in default of payment of fine three months R.I.
3. Today, the present Criminal Appeal is listed under the category of oldest pending cases in this High Court for priority basis.
4. As per the office report dated 16.02.2026, appellant No. 1 Babu Ram has been released on bail after furnishing bonds and unde
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.
Appellate courts must extend probation under POA Section 4 to eligible elderly offenders in old minor offence cases despite trial court lapses, mandating reasons under CrPC Section 361 if denied, pri....
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 upheld the conviction under Section 307 IPC but granted probation, emphasizing rehabilitation over punishment for offenders above 21 years.
The main legal point established in the judgment is the court's discretion to grant the benefit of probation under the Probation of Offenders Act, 1958, based on the circumstances of the case, the na....
The court can extend probation benefits to offenders above 21 years under the Probation of Offenders Act, 1958, emphasizing rehabilitation over punishment.
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 held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
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