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 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..........
Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Petitioner is about 62 years of age - He has undergone actual sentence of 1 year 6 months and 8 days out of total sentence of 2 years - Sentence modified to the extent of granting concession of probation to petitioner for good conduct...........
Probation of Offenders Act, 1958, Section 4 -- Scope - Unless applicability of S.4 of the Act is excluded, in a case where circumstances stated in S.4(1) of the Act are attracted, Court has no discretion to omit from its consideration release of offender on probation - On the contrary, a mandatory duty is cast upon Court to consider whether case before it warrants..........
Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Scope - Provision of S.4 of Probation of Offenders Act is wider and expansive in its coverage than the one u/s 360(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 4 -- Probation - If S.360 Cr.P.C. is not applicable in a particular case, there is no reason why S.4 of Probation Act would not be attracted...........
Probation of Offenders Act, 1958, Section 4 -- Probation - Report of Probation Officer is a condition precedent and must be complied with by trial Courts and High Courts - However, Courts may not be bound by such report...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360(1), Probation of Offenders Act, 1958, Section 4 -- Conviction u/s 498-A IPC - Release on probation - Court of Sessions and High Court omitted to consider whether appellants can be granted benefit of probation either u/s 360(1) Cr.P.C. or u/s 4 Probation Act - Matter remitted to High Court for..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361 -- Benefit of probation - Appellants are more than 60 years and 67 years respectively - They have suffered various age related ailments - Appellants are facing trial for the last 32 years - Benefit of probation granted to appellants...........
Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Petitioner has no criminal antecedents and is a first time offender - While maintaining conviction and sentence imposed upon petitioner, petitioner be released on probation for good conduct - Benefit of probation granted to petitioner...........
