Showing : 11-20 of 42 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360(1)-- Dishonour of cheque - Probation - Accused a poor lady having young daughter - Merely because the cheque amount has been deposited by accused after a lapse of considerable period of 10 years it would not disentitle accused from the benefit of probation - Accused released on probation...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 360, 361-- Release of offender on probation - Duty of Court - Nature of provisions - Held, provisions of S.360 and 361 are mandatory in nature - It is mandatory for Court to record in its judgment `special reasons' for refusing to release offender on probation - S.361 thus casts a duty upon Court to apply..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i)-- Conviction - Reduction of sentence - Held, S.16(1)(a)(i) provides for minimum sentence of 6 months, further S.20(AA) bars applicability of Probation of Offender Act and S.360 CrPC - Yet sentence can be reduced considering long pendency of proceedings - Petitioner suffered for 13 years - Sentence..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 357, 360-- Court while extending benefit of probation u/s 360 of the Code is not competent to grant compensation to the complainant and in that situation neither the sentence of imprisonment nor of fine, subsists and as such provision of S.357 of the Code is not attracted...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4-- Release of accused on probation - Report of Probation Officer not called - Order cannot be challenged when period of probation already completed...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 19, 20, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360-- Benefit of probation to a person convicted under SC & ST Act - Held, provision of S.360 of Criminal Procedure Code and S.4 of Probation of offenders Act are not applicable - Consequently, accused will not be entitled to concession of probation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Essential Commodities Act, 1955, Section 7, Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4-- Accused convicted and sentenced u/s 7 of Essential Commodities Act on the allegations of storing kerosene oil, diesel and petrol licence - Incident 20 years old - Accused already undergone one months imprisonment - Accused granted benefit of probation...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304-- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 307-- Attempt to murder - Benefit of probation u/s 4 of the Act or u/s 360 of Cr.P.C. - Held : (a) Benefit of probation cannot be extended where sentence imposed for can be upto life imprisonment; (b) Court cannot extend the benefit of probation u/s 4 of the Act without calling report of probation..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360-- Benefit of probation - Negligent driving - Accused driver of bus gave dash to police officer in uniform who signaled to stop and thereby causing death - Accused not entitled to benefit of probation...........

Showing : 11-20 of 42 Results