Court : Supreme Court of India
Reported in : AIR1979SC1271; 1979CriLJ862; 1979(4)ELT1(SC); (1979)2SCC279; [1979]1SCR1104; 1979(11)LC77(SC)
..... impose a minimum penalty of six months rigorous imprisonment and fine on a person found guilty of any of the offences specified therein, sections 3 and 4 of the probation of offenders act, 1958 vest in the court a discretion to release a person found guilty of any of the offences specified therein on probation of good conduct after due admonition if no previous conviction is proved against him and if it is of opinion that having regard to the circumstances of the case including ..... awarding punishment or in releasing an offender on probation in lieu of sentencing him by laying down a minimum sentence of imprisonment, it has to prevail over the aforesaid provisions of the probation of offenders act, 1958 in view of section 43 of the defence of india act, 1962 which is later than the probation of offenders act and has an overriding effect.10 ..... rules duly made under the defence of india act, 1962 incurred by the respondent before the defence of india act came to an end but the penalty or punishment prescribed therefore was also incurred and imposed on him while the defence of india act was very much in force, the benefit of the aforesaid provisions of the probation of offenders act, 1958 cannot be invoked by the respondent and he has to suffer the imprisonment awarded to him ..... we uphold the contention advanced on behalf of the appellant that recourse to the provisions of the probation of offenders act, 1958 cannot be had by the court where a person is found guilty of any of the offences .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR595; 1999BomCR(Cri)595; (1999)3BOMLR40; 2000CriLJ473; 1999(2)MhLj719
..... --nothing contained in section 360 of the code of criminal procedure, 1973 (2 of 1974) or in the probation of offenders act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27. ..... pawar, the learned additional public prosecutor, wherein the question of granting benefit of the provisions of section 360 of the code of criminal procedure and probation of offenders act, 1958, was in issue in a case under the indian opium act, and the punjab and haryana high court observed in paragraph 8 that the large scale recovery of opium raises an irresistible inference that the offender is a part and parcel of an organised racket. ..... it is not so, in view of the other considerations mentioned in section 6 of the probation of offenders act, 1958 to which we have referred to above.in this connection, it would be necessary to refer to a division bench decision of the punjab and haryana high court, reported in 1981 cri lj 260 sushil kumar v. ..... dave, that persons falling in (i) and (ii) have mandatorily to be given the benefit of this provision.in our judgment, the provisions contained in section 6 of the probation of offenders act, 1958, do not provide, as was sought to be urged by mr. ..... act and section 6 of the probation of offenders act, 1958, for being granted probation. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR985; 2009(4)KarLJ639
..... petitioner has been dealt with under section 4 of the probation of offenders act, 1958 and applying provisions of section 12 of probation of offenders act, 1958 convicted person shall not suffer disqualification attaching to conviction. ..... (b) constitution of india, article 311- probation of offenders act (20 of 1958), section 12 - conviction for criminal offence - release on probation -dismissal of offender from service by disciplinary authority - not permissible in view of section 12 as it will operate as disqualification for future employment with government - dismissal order converted into order of removal from service.learned counsel for the petitioner also ..... the learned counsel for the petitioner restricts his arguments in respect of considering the provisions of probation of offenders acts, 1958 to the case in hand. ..... (probation of offenders act (20 of 1958), sections 3, ..... considering the submissions of both sides, the point that arises for my consideration is: 'whether the petitioner is entitled for the benefit of provisions of probation of offenders act, 1958?'3. ..... view of the submission made by the learned counsel for the petitioner and since the petitioner is sentenced to pay fine and as he has paid the fine amount, in my view, the benefit of probation of offenders act should be given to the accused who is working in the state road transport underting. ..... accused can be given benefit under section 3 or 4 of the probation of offenders act even though he has paid the fine amount. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR2234
..... offence and it was due to sudden provocation between the parties and c considering the responsibility of future, of the appellant and protecting appellant from the stigma and possible contamination of prison, i am inclined to grant benefit of probation of offenders act, 1958 to the appellant, therefore, while maintaining conviction under section 332, 504 and 506 (part-i) of the ipc against appellant-original accused no. ..... 1, appellant is granted benefit under the probation of offenders act, 1958 and, therefore, it is ordered that the present appellant be given benefit of probation of offenders act, 1958 and fine imposed against appellant be refunded ..... portion of section 4 of the probation of offenders act, 1958 reads thus: section 4 - power of court to release certain offenders on probation of good conduct - (1) when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding ..... is disposed of while granting benefit of probation of offenders act, 1958 to the appellant. ..... 5 under section 360 of the code of criminal procedure, according to my opinion, appellant may also be given a benefit of probation of good conduct under section 4 of the probation of offenders act, 1958. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000CriLJ1935
..... it is also true that the probation of offenders act, 1958 does not exclude from its purview the economic offences or the offences which lay down the minimum substantive sentence to be imposed. ..... there is no doubt the essential commodities act does not exclude the applicability of the provisions of the probation of offenders act, 1958. ..... patil lastly submitted that in view of the passage of time the appellant may be released on probation under the provisions of the probation of offenders act, 1958. ..... alternately he submitted that the appellant may be released on bond under the provisions of the probation of offenders act, 1958.6. ..... by referring to some judgment of the supreme court the rajasthan high court had declined to apply the provisions of the probation of offenders act, 1997 and confirmed both the order of conviction as well as the sentence.22. ..... after referring to the earlier judgments of the supreme court on the point and citing the recommendations of the law commission's 47th report, the apex court has deprecated the application of the provisions of the probation of offenders act to economic offences and anti-social offences, though technically applicable. ..... in my view, the application of the provisions of the probation of offenders act to the offences punishable with minimum sentence, though not expressly prohibited, would defeat the very object, purpose and spirit underlying the prescription of minimum sentence. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC444; 1965CriLJ360; [1964]7SCR676
..... as the offences under the said sections were punishable with imprisonment for life, the provisions of the probation of offenders act, 1958, were not applicable to basist and, therefore, the assistant sessions judge sentenced him to undergo rigorous imprisonment ..... high court could not make an order under s.6(1) of the probation of offenders act, 1958, on the ground that s. ..... the probation of offenders act, 1958 (act ..... raises the question of jurisdiction of an appellate court to exercise its power under s.6 of the probation of offenders act, 1958 (act, no. ..... 6 of the probation of offenders act, 1958, or, if it so desires, to remand it to the ..... while in the case of offenders who are above the age of 21 years absolute discretion is given to the court to release them after admonition or on probation of good conduct, subject to the conditions laid down in the appropriate provisions of the act, in the case of offenders below the age of 21 years an injunction is issued to the court not to sentence them to ..... this subsection reads: "notwithstanding anything contained in the code or any other law, an order under this act may be made by any court empowered to try and sentence the offender to imprisonment and also by the high court or any other court when the case comes before it ..... act the court shall call for a report from the probation officer and consider the report, if any, and -any other information available to it relating to the character and physical and mental condition of the offender .....
Tag this Judgment!Court : Chennai
Reported in : 2000(4)CTC409
..... it is settled law that section 12 of the probation of offenders act, 1958 does not preclude the department from taking action for misconduct leading to the offence or to his ..... probation of offenders act, 1958 speaks about power of court to release certain offenders after ..... while confirming the convictions in both the cases, has set aside the sentences and released him under section 3 of the probation of offenders act, 1958, after due admonition. ..... that merely because a sentence of imprisonment has been substituted by an order passed under section 12 of the probation of offenders act, 1958. ..... -respondent guilty under section 25 of the tamil nadu weights and measures (enforcement) act, 1958, in lieu of sentencing him to pay fine,released him under section 3(1) of the probation of offenders act after due admonition and made it clear that the release of the accused-respondent under section 3(1) of the act would not be construed as a disqualification attached to conviction under section 12 of the probation of offenders act.15. ..... grievance of the petitioner that the sessions court let off him under section 12 of the probation of offenders act specifically stating that the petitioner loses his employment if the sentence and fine is allowed to ..... trichy set aside the sentences and released him under section3 of the probation of offenders act, after due admonition, since the electedboard of the bank which took over the management of the bank on 1.11.96.reinstated him into service, the petitioner and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP371; 1969CriLJ1218
..... we accept the reasoning of the said decisions and as section 12 of the probation of offenders act, 1958 (central act xx of 1958) is substantially similar to section 12-a of the madras probation of offenders act, 1937 (act iii of 1937), we are of the view that what section 12 of the central act has in view is an automatic disqualification flowing from a conviction and not an obliteration of the misconduct of the ..... the main challenge to the order before us is that by reason of section 12 of the probation of offenders act, 1958, the petitioner cannot be dismissed as that section specifically enacts that a person found guilty of an offence and dealt with under section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law ..... we would now appropriately peruse section 12 of the probation of offenders act, 1958 and regulation 39 of the staff regulations, 1960, relevant in this ..... instead of sentencing him, directed that he be released on probation of good conduct for a period of two years under section 4(1) of the probation of offenders act, 1958 (central act no. ..... disciplinary authority is precluded from doing under section 12 of the probation of offenders act, 1958. 19. ..... questions arise for our consideration in this matter:(1) whether the life insurance corporation is precluded form taking appropriate action against an employee under regulation 39 (4) of the staff regulation, 1960, by reason of section 12 of the probation of offenders act, 1958. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1974]44CompCas154(P& H)
..... . while dealing with the objection, he observed as under:' the petition must fail on the short ground that an appeal against the impugned order lay under section 11 of the probation of offenders act, 1958, to the sessions judge and that not having availed of that remedy, the state cannot be allowed to ask for the discretionary relief, which this court may be able ..... section (3) of section 220 read in conjunction with section 162 of the act and imposing the penalty of fine for default committed by the company and its directors, the trial magistrate invoked the aid of section 3 of the probation of offenders act, 1958, and contented himself by administering admonition to the respondents.9. ..... (1) of section 438 of the code to the high court with the recommendation that the case was not a fit one for action being taken under section 3 of the probation of offenders act and the respondents being let off with a mere admonition and that the respondents having knowingly and wilfully committed default in filing the copies of the balance-sheet, fully deserved the ..... respondents:' can a high court interfere under sub-section (1) of section 439 of the code of criminal procedure when remedy by way of appeal under sub-section (2) of section 11 of the probation of offenders act against an order passed under section 3 of that act has not been availed of 'reliance for the stand that exercise of revisional power under sub-section (1) of section 439 of the code is a bar has been placed upon sub-section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC35; 1974CriLJ153; (1974)76PLR171; (1974)3SCC380; 1974(6)LC54(SC)
..... appellant under part ii of section 506 indian penal code and directed that he be released on probation of good conduct under section 4 of the probation of offenders act, 1958 on the execution of a personal bond in the sum of rs. ..... to show that sentence of fine and of imprisonment in default constitutes enhancement and is a more severe sentence compared to the order for release on probation of good conduct, our attention has been invited to section 12 of the probation of offenders act, according to which 'notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction ..... all the more reason for not depriving the appellant of the benefit of the order made under section 4 of the probation of offenders act because the additional sessions judge had partly allowed the appeal of the appellant and found him to be guilty of a ..... nor the high court gave any reason why the appellant should be deprived of the benefit of an order under section 4 of probation of offenders act under which provision the appellant had been released by the trial court. ..... contention, it is urged in the first instance that by imposing the sentence of payment of fine and of imprisonment in default of payment of fine, instead of the order under section 4 of the probation of offenders act, the additional sessions judge enhanced the sentence imposed upon the appellant. .....
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