Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 392, 394, 34 -- Concurrent running of sentences - Three FIRs relating to different transactions - Offence u/ss 392, 394, 34 IPC - Accused is a young man with roots in his family - Accused already undergone 10 years of imprisonment for conviction in one FIR and currently undergoing imprisonment for..........
Indian Penal Code, 1860, Section 458, 323 -- Offence u/ss 458, 323 IPC - Compromise - Accused and complainant settled their disputes - Offence u/s 323 IPC is compoundable, however, offence u/s 458 IPC for which accused is charged is not compoundable even with permission of Court - Since offence u/s 458 IPC does not prescribe any minimum punishment, there is no restriction..........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Probation of Offenders Act, 1958, Section 4 - - Benefit of probation - Order granting benefit of probation to accused without taking into consideration report of Probation Officer is violative of S.4 of the Act...........
Probation of Offenders Act, 1958, Section 4 - - Benefit of probation - Forgery - Where High Court grants benefit of probation to accused, Court has no jurisdiction to pass an order that employee be retained in service, particularly when accused obtained job on basis of forged documents...........
Probation of Offenders Act, 1958, Section 4 -- Benefit of probation - Act applies to State of H.P - S.360 Cr.P.C thus, not applicable - However, conditions mentioned in S.361 Cr.P.C mandates trial Court to record reasons in case trial Court did not apply provisions of the Act to convict...........
Probation of Offenders Act, 1958, Section 4 -- Benefit of probation - Granted to convict under influence of his father, who was a politician and a very influential person - Convict was showing off authority of his father as well as respect earned by his family and his father, to make his way, by passing law and order being enforced by complainant - No doubt this kind of..........
Service -- Termination - Ad hoc employee - Where an employee appointed on ad hoc basis and not on probation, such temporary appointment pending filing up vacancy on regular basis does not confer any right at par with candidate appointed on regular basis - Services of such an employee can be dispensed with on account of unsatisfactorily work during ad hoc period...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Bail - Offence u/ss 8, 15, 29 of NDPS Act - No recovery was made from possession of petitioner - Report of Probation Officer shows that there is no exceptional circumstances to decline bail to juvenile, as indicated in S.12 of..........
Criminal Procedure Code, 1973, Section 433A, Madhya Pradesh Prisoners Release on Probation Rules, 1964, Rule 4 - - Release on probation - Murder case - Where sentence of imprisonment for life is imposed for an offence which is punishable by death sentence, such person shall not be released from prison unless he has served 14 years of imprisonment - Since accused who was..........
