Service -- Discharge from service - Committing offence of moral turpitude - Release on probation does not entitle an employee to claim a right to continue in service - Observations made by a criminal court are not binding on the employer who has the liberty of dealing with his employees suitably...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - Report of Probation Officer is on record and there is nothing adverse in report on basis of which an adverse inference may be drawn against him - Case of prosecution is based on circumstantial evidence - There is no direct evidence and nobody has seen juvenile..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 429, 435 -- Probation - Offence u/ss 429, 435 IPC - Accused not undergone any part of his substantive sentence, yet he faced agony of a protracted trial for past 18 years - He was not a previous convict as per his custody certificate nor he is involved in any other criminal case - No useful..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such..........
Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Provision of S.360 Cr.P.C is in addition to provisions of 1958 Act or Children Act or any other law for the time being in force for treatment, training or rehabilitation of youthful offenders...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34 -- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C..........
Indian Penal Code, 1860, Section 323, 325, 341, 34 -- Offence u/ss 323, 325, 341, 34 - Benefit of probation - Accused persons involved in such like cases, who are neither previous convicts and nor habitual offenders, can be extended benefit of probation under Probation of offenders Act...........
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 - - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - 15 years old boy lost his life due to rash and negligent driving of accused - Accused after causing accident fled from the site and was made to surrender by his commandant more than 3 weeks later - There is thus, no reason to reduce punishment awarded or to..........
