Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Grant of compensation to victims - Petitioner and his father remained in hospital for a long period of time and grievous injury suffered by father of petitioner decreased his life expectancy - Held, while maintaining order of ASJ regarding release of respondents No.1 to 3 on probation, they are..........
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4 -- Death in road accident by rash and negligent driving - Benevolent provision of S.4 of the Probation of Offenders Act is not applicable...........
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 provisions of S.360 wherever..........
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 reduced to..........
Service -- Probation - Confirmation - When period of probation is specified, it does not follow that at the end of said specified period of probation there is automatic confirmation even if no order is passed in that behalf - If at the end of period of probation an order of confirmation is not passed it follows that probation period continues...........
Service -- Probation - Confirmation - Unless the terms of appointment clearly indicate that confirmation would automatically follow at the end of specified period or that there is a specific service rule to that effect, the expiration of the probationary period does not necessarily lead to confirmation...........
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...........
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...........
Probation of Offenders Act, 1958, Section 5, Criminal Procedure Code, 1973, Section 357 -- Section 5 of the Probation of Offenders Act provides for granting compensation only while releasing the accused on probation...........
