#sentencing policy

Himachal Pradesh High Court rules that probation under the Probation of Offenders Act cannot be granted for offences under IPC Sections 279 and 338, emphasizing deterrent sentencing to curb road accidents. The court rejected the plea despite the convict being a first-time offender with no criminal antecedents, citing Supreme Court precedent and the need to protect innocent lives.

Allahabad HC reduces sentence to period already undergone, holding that prolonged judicial delay and the appellant's advanced age render further imprisonment disproportionate under the Essential Commodities Act. The ruling underscores the judiciary's duty to balance punishment with fairness in cases of systemic delay.

The Chhattisgarh High Court commuted a three-year rigorous imprisonment sentence to time served for a first-time offender under the NDPS Act, prioritizing rehabilitation over retribution as mandated by Mohammad Giasuddin. This ruling reinforces that payment of fine alone is insufficient - the offender’s personal circumstances and lack of prior record must drive sentencing under Section 20(b)(ii)(B), setting a clearer standard for trial courts across the state.

Chhattisgarh High Court reduces NDPS sentence to time served, emphasizing rehabilitation over retribution under Section 20(b)(ii)(B). Key precedent from Mohammad Giasuddin applied.

Chhattisgarh High Court reduces NDPS sentence to time already served, emphasizing rehabilitation over retribution for first-time offenders with family responsibilities.