IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NAND PRABHA SHUKLA
Nannu Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the surviving appellant No. 4 Ram Singh, Mr. Ratan Singh, learned A.G.A.-I 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 17.07.1987 passed by Special Judge (E.C. Act) Etah in S.T. No. 157 of 1986 convicting and sentencing the appellant Nos. 1 to 6 under Section 147 IPC to undergo for 6 months R.I. and accused Todi Singh and Bhopal to undergo R.I. for one year u/s 323 and Nannu Singh, Yad Ram, Ram Singh and Kundan Singh to undergo for a period of 1 year R.I. under Section 323/149 accused Yad Ram, to undergo for 3 years R.I. under Section 325 and accused Nannu Singh, Todi Singh, Ram Singh, Bhopal and Kundan Singh to undergo for a period of three years R.I. under read with Section 149 and accused Nanu Singh to undergo for a period of 5 years R.I. under Section 304 .
3. Today, the present Criminal Appeal is listed under the category of oldest pending cases in this High Court for priority basis.
4. The appeal against the appellant No. 1 Nannu Singh, appellant No. 2 Yadram, appellant No. 3 Todi, appellant No. 5 Bhopal alias Pappu and appe
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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....
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 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 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 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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