Case Note & Summary
Benefit of probation extended under Section 4 of the Probation of Offenders Act, applying Article 142 to ensure parity with cross-case.
Appellant directed to furnish a personal bond of ₹10,000 with surety for six months.
Settled disputes, absence of criminal antecedents, and prolonged trial supported leniency.
Settlement Background: Paras 6–8. Cross-Case Parity: Paras 12–14. Final Directions: Paras 19–21.
Acts and Sections Discussed
Constitution of India, 1950 (COI) Article 142 Indian Penal Code, 1860 (IPC) Sections 148, 149, 323, 325, 326, 452, 307 Code of Criminal Procedure, 1973 (CrPC) Section 428 Probation of Offenders Act, 1958 Sections 4, 5, 11Keywords
Probation, Settlement, Cross-Complaints, Sentence Modification, Family Dispute, Concurrent Sentence, Article 142.
Facts
Nature of the Litigation:Criminal appeal filed against the conviction under Sections 326, 325, 452, and 323 IPC after partial acquittal by the Rajasthan High Court.
Relief Sought:Extension of probation benefits, citing amicable settlement in a related cross-case.
Reason for Filing the Case:Dispute within a family led to two cross-complaints registered as separate FIRs from incidents occurring on the same day.
Relevant Laws in Question:Application of the Probation of Offenders Act, parity in sentencing, and the powers under Article 142.
Prior Decisions:
High Court upheld partial conviction, modifying sentences. Separate proceedings for cross-case concluded with probation for accused parties in 2019.Issues
a. Can the benefit of probation be extended to the appellant in light of an amicable settlement in the cross-case?b. Should the High Court's rejection of probation, despite parity in circumstances, be revisited under Article 142?
Submissions/Arguments
Appellant:
Dispute resolved through settlement in the cross-case, evidenced by Magistrate’s 2019 judgment. Highlighted prolonged litigation and advanced age.Respondent (State):
Opposed probation benefits citing injury severity and deterrence principles.Premium Content
The Case Note & Summary is only available to subscribed members.
Subscribe Now to access detailed case analysis
Issue of Consideration: RAMESH VERSUS STATE OF RAJASTHAN
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
