Showing : 1-10 of 101 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Probation of Offenders Act, 1958, Section 4- - Benefit of probation - Order granting benefit of probation to accused without taking into consideration report of Probation Officer is violative of S.4 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Probation of Offenders Act, 1958, Section 4- - Benefit of probation - Forgery - Where High Court grants benefit of probation to accused, Court has no jurisdiction to pass an order that employee be retained in service, particularly when accused obtained job on basis of forged documents...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Probation of Offenders Act, 1958, Section 4-- Benefit of probation - Granted to convict under influence of his father, who was a politician and a very influential person - Convict was showing off authority of his father as well as respect earned by his family and his father, to make his way, by passing law and order being enforced by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Probation of Offenders Act, 1958, Section 4-- Benefit of probation - Act applies to State of H.P - S.360 Cr.P.C thus, not applicable - However, conditions mentioned in S.361 Cr.P.C mandates trial Court to record reasons in case trial Court did not apply provisions of the Act to convict...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4-- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such limitation while..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34-- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4- - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are not very heinous nature though have social implications..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4-- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act - Conviction upheld - However, taking into account other factors like passage..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 12, 4-- Benefit of S.4 of the Act granted - Plea to grant benefit of S.12 of the Act - When benefit of Ss.3, 4 of the Act is granted to accused, no disqualification could be attached to a conviction by virtue of S.12 of the Act - Accused held, entitled to benefit of S.12 of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34-- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their guilt, but it is..........

Showing : 1-10 of 101 Results