Criminal Procedure Code, 1973, Section 427 -- Concurrent sentences - Offence u/s 379 IPC - Petitioner a habitual offender and convicted in several cases of similar nature and while in jail, committed another crime and did not try to reform himself and he once tried to escape from the custody but was successfully prevented by escort police officials - Accused was not..........
Prevention of Corruption Act, 1988, Section 7, 13, 4, Probation of Offenders Act, 1958, Section 4 -- Illegal gratification - Probation - No leniency should be shown towards a corrupt official - At least, those who are caught red handed, should be asked o face the consequences - Conviction upheld...........
Service -- Resignation - Acceptance of resignation without relieving the employee - Temporary government employee under probation - Letter of acceptance of resignation shows that termination of respondent was not deferred to any future date and hence there was no requirement to relieve him of his duties - Respondent had already abandoned his service for almost 8 months..........
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...........
Probation of Offenders Act, 1958, Section 4, 5, 6 -- Probation of good conduct - Offence u/ss 420 & 120-B of IPC - Accused convicted u/s. 420 IPC and sentenced to 2-1/2 years RI - 19 years old incident - Accused already completed his probation period and his surety has been discharged - Held, no need to interfere in order of probation of good conduct...........
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 an appropriate decision,..........
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..........
Indian Penal Code, 1860, Section 304A -- Death due to negligence - Reduction of sentence - Benefit of probation not granted - However, sentence reduced from 2 years R.I to 1 year R.I but fine of Rs.5000/- shall remain same...........
Indian Penal Code, 1860, Section 323, 34, 325 -- Voluntarily causing hurt - Injuries inflicted during course of quarrel between complainant and accused - No pre-planning and pre-mediation since accused not knowing that complainant would meet them at the place where incident took place - Injuries not caused on vital parts of body nor any fracture was detected - Delay in..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail to juvenile - Nothing on record to show that release of petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat ends of justice - Report of probation officer shows that no other case is..........
