RAJUBHAI SUKHABHAI JOGRANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE only grievance made by the learned Counsel for the appellant is as regards not extending the benefit under the Probation of Offenders Act to the appellant despite the fact that the case squarely falls under Section 4 of the Probation of Offenders Act, inasmuch as the offence for which the appellant is convicted is not death or life imprisonment.

(2.) TO consider the said argument, by an order dated 04/09/2013 a report of the Probation Officer was called for which has been submitted today, according to which the appellant has no antecedents and his behaviour in the society is found satisfactory with no complaints against him. He appears to be the eldest earning member in the family and belongs to the average family.

(3.) LEARNED APP has however vehemently opposed the argument and submitted that a serious offence is committed by the appellant. It is however submitted that if at all this Court is inclined to exercise the powers under the Act having regard to the manner in which the offence was committed, the applicant would require a supervision under subsection(3) of Section 4 of the Act.