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Banwari & Ors. vs. State of Rajasthan

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Penal Code, 1860–Secs. 323/149, 342, 395, 459, 436, 365, 147 & 148–Probation of Offenders Act, 1958–Sec. 4–Conviction–Appellants were convicted in the year 1994 and their sentence was suspended during the pendency of appeal–They are residing in society peacefully and there is no criminal antecedent to discredit to them in the last 29 years– Held, it would be appropriate to extend the benefit of probation instead of asking them to serve the imprisonment–Directed accordingly.