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RAVINDRA MAITHANI
Prem Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - The challenge in this revision is made to the followings:-
(i) Judgment and order dated 27.05.2022, passed in Criminal Case No. 49 of 2020, State vs. Prem Singh, by the Court of Judicial Magistrate 1st Class Lansdowne, Pauri Garhwal ('the case'). By it, the revisionist has been convicted under Section 60 of the U.P. Excise Act, 1910 and sentenced to one year simple imprisonment and a fine of Rs. 10,000/-. In case of default of payment of fine, revisionist shall further undergo simple imprisonment for 30 days, and;
(ii) Judgment and order dated 07.10.2022, passed in Criminal Appeal No. 33 of 2022, Prem Singh vs. State, by which, the judgment and order dated 27.05.2022, passed in the case, has been upheld.
2. Heard learned counsel for the parties and perused the file.
3. On 12.12.2022, the instant revision was admitted on the limited question of sentence/probation.
4. Learned counsel for the revisionist would submit that the revisionist is in custody for a period of about three weeks. His age is 65 years. He is an old man. He has no criminal antecedents. It is a case of recovery of liquor.
5. On 12.12.2022, learned State Counsel was required to get report of
The court has the discretion to grant probation to first-time offenders based on factors such as age, lack of criminal antecedents, and the nature of the offense.
The court has the discretion to release offenders on probation of good conduct instead of sentencing them immediately, considering factors such as age, nature of the offense, and absence of adverse c....
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.
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