Showing : 11-20 of 48 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, 5, 6-- Probation - Offence u/ss 13(1)(d) & 13(2) of P.C.Act - A person convicted under provisions of Prevention of Corruption Act cannot be granted benefit of release on probation of good conduct u/s 360 Cr.P.C or under provisions of Probation of Offenders Act...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 360, 361-- Probation of good conduct - Offence u/s 304-A IPC - It is not necessary that in all cases falling u/s 304-A IPC, convict must be released on probation - It is only that principles laid down in Ss.360 & 361 Cr.P.C and Probation of Offenders Act should not be disregarded but should be followed and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 6, 4, 3-- Quantum of sentence - It is imperative for the judge to strike a fine balance between releasing a convict after admonition or on probation or putting such a convict in jail - This can be decided only on a case by case basis but principle of rehabilitation and humanizing mission must not be..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 360-- Benefit of probation - Appellants convicted u/s.304(Part II), 323, 324 IPC - Matter related to 26 years ago and accused not habitual offenders - They belong to respectable family - They remained in confinement for considerable time - Held, appellants cannot be released on probation - But sentence..........
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...........

Showing : 11-20 of 48 Results