quantum of
imprisonment, the Court is empowered to take into consideration
mitigating circumstances, as well as the aggravating circumstances."
5 of 8
::: Downloaded ... accordance with jurisprudential justification such as
deterrence, retribution or restoration. Mitigating circumstances as well as
aggravating circumstances should also be kept in mind.
To determine
trial for a
period of 10 years. According to him, all these
mitigating factors may be taken into account,
while awarding sentence to him. Admittedly ... revive their
relations. Efforts made by the Court proved
futile. However, mitigating circumstances,
referred above, persuade me to think that
civil suit, it would be helpful only as a mitigating circumstance while imposing sentence under Section 138 of Negotiable Instruments Act.
8. Then coming
Probation of Offenders Act, 1958 after noticing all the
relevant circumstances.
4. The above judgment and order of sentence was a subject matter of
challenge ... counsel for the petitioner had argued that there were no mitigating
circumstances existing in the case and that the JMIC Hoshiarpur has let the
respondent
warded to him by the trial Court.
Keeping in view the mitigating circumstances noted above, this
Court is of the considered view
accordance with law at the best it may be a mitigating circumstances to be taken into consideration and hence the said findings recorded ... said payment, the Apex Court held that it would be a mitigating factor.
20. In O. P. Dholakia v. State of Haryana (supra) wherein
facts and circumstances of a case, while
recording reasons in writing for such variance."
15. In the peculiarity of facts and circumstances ... prayer for
waiving off the compounding fee, but considering the mitigating circumstances of
the petitioner brought out by his learned counsel, as noticed above
fact that the petitioner is a
woman and the other mitigating circumstances pleaded by the learned
counsel for the revision petitioner, some modification
fact that the petitioner is a
woman and the other mitigating circumstances pleaded by the learned
counsel for the revision petitioner, some modification
accused prayed for leniency given the nature of offence and
the mitigating circumstances under which the offence is seen to
have been committed this Court
