Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4, 3, 6(2) -- Dishonour of cheque - Conviction - Release of accused on probation - Held, before deciding to release offender u/s 4(1) of the Act, Court is bound to call for report of Probation Officer...........
Probation of Offenders Act, 1958, Section 4(1) -- Release on probation - Object thereof - Held, it is only in cases where court having regard to the circumstances of case including nature of offence, age, character and antecedents of offender and with object of reforming offender and save him from hardened criminals already detained in prison, considers it expedient to..........
Indian Penal Code, 1860, Section 304A, 337, 279 -- Rash and negligent driving - Conviction u/ss 279, 337, 304-A - Accused not a habitual offender - Accused sole bread earner of family with five daughters to support - Sufficient mitigating circumstances to extend the benefit of probation to the petitioner - Accused already undergone a sentence of 3 months and 17 days -..........
Probation of Offenders Act, 1958, Section 6 -- Scope - Below 21 years of age - Provision is applicable in case accused was below 21 years of age on the date of imposition of punishment by trial Court and not on the date of commission of the offence - Provision of Juvenile Justice Act, 1986 and Juvenile Justice (Care and Protection of Children) Act, 2000 are not applicable..........
Probation of Offenders Act, 1958, Section 6, 3, 4 -- Accused below 21 years of age - Offence when not punishable with imprisonment for life then accused not to be sentenced to imprisonment unless Court is satisfied having regard to the circumstances of the case including the nature of the offence and the character of the offender and Court has to record reasons as to why..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 498A, 323 -- Probation - Accused convicted and sentenced under Sections 498-A and 323 IPC to one and half years R.I. - Accused are first offender and they have desire to lead peaceful life - A4 is an old lady - Accused facing agony of trial for 10 years - Benefit of probation given to accused..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Probation - Rash and negligent driving - Conviction of the petitioner by Courts below do not call for any interference - Mitigating circumstances that petitioner has already undergone two and half months of actual sentence - He had faced trial for about five years - He is the sole..........
Probation of Offenders Act, 1958, Section 4, Opium Act, 1878, Section 9 -- Opium - Recovery of 10 Kg. - Accused not involved in any other case after his release on bail - Accused a habitual offender and convicted in other such like cases - Since petitioner is not a first convict as such it is not expedient to release him on probation - However, having regard to his age,..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Probation of Offenders Act, 1958, Section 4 - Probation - Grant of - On grounds that the petitioner is an old person of more than 70 years of age; out of total sentence of six months imprisonment, he has already undergone for few days; he is the first offender; he has not mis-used the concession of bail during a long..........
Probation of Offenders Act, 1958, Section 4 -- Probation - Release of accused on probation is discretion of Court and to exercise discretionary power Court has to consider circumstances of the case, the nature of the offence and the character of the offender - While considering the nature of the offence, the Court must take a realistic view of the gravity of the offence,..........
