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ALLAHABAD HIGH COURT
NAND PRABHA SHUKLA
Moti – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal against conviction under ipc 324/34; partial abatement. (Para 1 , 2 , 3 , 4 , 5) |
| 2. probation act sec 3 permits admonition for minor offences. (Para 6 , 7) |
| 3. crpc 360/361 mandates probation consideration and reasons. (Para 8) |
| 4. reformatory sentencing prioritizes probation in suitable cases. (Para 9) |
| 5. trial court must record reasons for denying probation. (Para 10) |
| 6. precedents emphasize probation for minor offences, age, delay. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. probation granted considering age, long delay, no antecedents. (Para 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Sunil Kumar, holding brief of Sri Ravindra Singh, learned counsel for the appellants, Mr. Ratan Singh, learned A.G.A.-I for the State and perused the record.
2. This appeal under Section 374(2) Cr.P.C. has been preferred against the judgment and order dated 27.03.1985 passed by 9th Additional Sessions Judge, Mainpuri in Sessions Trial No. 424 of 1983 convicting the appellants under Section 324/34 IPC and sentencing them to 1 year R.I.
3. Today, the present Criminal Appeal is listed under the category of oldest pending cases in this High Court for pr
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....
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
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....
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 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 Probation of Offenders Act allows for probation for offenders not facing life sentences, emphasizing rehabilitation over punishment based on individual circumstances.
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.
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