Probation of Offenders Act, 1958, Section 4 -- Benefit of probation - Power of Court to release offenders on probation of good conduct is not to be extended to persons who have committed an offence punishable with death or imprisonment for life...........
Service -- Release of offender on probation in criminal proceeding - Does not obliterate the stigma of conviction...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, Probation of Offenders Act, 1958, Section 4 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Applicability of S.4 of Probation of Offenders Act - Though accused had no prior criminal antecedents, seriousness of offences involving sexual assault on..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 352 -- Benefit of probation - Offence u/ss 323, 352 IPC - Offence punishable u/s 323 IPC carries maximum punishment of S.I. for one year whereas offence punishable u/s 352 IPC carries maximum punishment of imprisonment for 3 months - Thus, mandatory provision of S.4 of the Probation of..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 279, 337 -- Benefit of probation - Offence u/ss 279, 337 IPC - Petitioner has actually undergone sentence of 1 month and 26 days out of total sentence of 3 months - No criminal antecedents against petitioner - Benefit of probation of good conduct granted to petitioner - Conviction and sentence..........
Service -- Appellants were reappointed on a regular basis as per Government Order (G.O) 2013 - However, by subsequent G.O. 2016 those who were appointed on basis of G.O. 2013 shall not be eligible for seniority and employment of probation as other regular employees - Subsequent G.O. seek to withdraw what is specifically conferred by earlier G.O. - Subsequent G.O. 2016 is..........
