Court : Andhra Pradesh
Reported in : 2004(1)ALD(Cri)918; 2004CriLJ3266
..... , learned counsel for the appellant-accused submits that by invoking section 4 of the probation of offenders act, 1958 (for short 'the act'), the appellant may be released on furnishing a bond to be of good behaviour. ..... state, 1982 cri lj 2246 the delhi high court held that the probation of offenders act can be applied to the persons convicted under the punjab excise act and ordered to release the accused therein, who was an young man with no ..... 1981 cri lj 1170 the kerala high court held that the abkari act does not contain any provision prohibiting the use of the probation principles to an offender convicted under the provisions of that act and directed the release of the accused therein, who was convicted for the offence under section 55 of the abkari act, invoking the provisions of the probation of offenders act.15. ..... 1976 cri lj 1327 a learned single judge of punjab and haryana high court held that the probation of offenders act is meant for the offenders in whose case, there is likelihood of some reformation, but where the accused are found to be dealing on a large scale in the anti-revenue and illegal activity, it is not a fit case to release the accused under the provisions of the probation of offenders act. ..... state of maharashtra, : 1976crilj1987 held as under :the probation of offenders act is a social legislation, which is meant to reform juvenile offenders so as to prevent them from becoming hardened criminals by providing an educative and reformative treatment to them .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)IILLJ22AP
..... of a favorable report, the learned sessions judge placed the workman under the supervision of the probation officer for a period of one year giving him the benefit of section 4(1) and (3) of the probation of offenders act, 1958. ..... sessions judge, had, therefore, called for a report from the district probation officer about the fitness of the workman for being dealt with under the provisions of the probation of offenders act, 1958. ..... sending the young workman to jail the appellate court enlarged the workman on liberty under the provisions of the probation of offenders act, 1958. ..... . after the workman had been convicted by the trial court and enlarged under probation of offenders act by the district court the management, acting under clause (c) of the standing order 25 had issued a show-cause notice to the workman on 11th may of 1977 calling upon him to show cause why the penalty of dismissal should not be ..... that case the supreme court ruled that under the probation of offenders act the guilt of the convicted person is not wiped ..... also argued for the workman that once the workman was enlarged to freedom under the probation of offenders act his guilt as much sentence was wiped out ..... . on the other hand, those provisions of the probation of offenders act accept the fact of criminal conviction and proceed to deal with a ..... . the second contention : a bare reading of the probation of offenders act shows that its provisions have nothing to do with the setting aside of the criminal conviction .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD816
..... in crime no.31/98-99 after completion of trial you were convicted and released on 23.8.2003 by the hon'ble judicial first class magistrate, jaggaiahpeta under probation of offenders act, 1958 by taking a bond from you to main good behaviour as per the procedure in the section 248(2) cr.p.c. ..... , gunja venkata narasaiah alias venkata narsi, hereinafter referred to as the detenu, was detained on the ground that he was a 'bootlegger' within the meaning of section 2(b) of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (act 1/86) (for short the act) and that he was acting in a manner prejudicial to the maintenance of public order viz. ..... son of lakshmaiah, aged about 33 years, resident of mittagudem in jaggaiahpeta town in krishna district are a bootlegger within the meaning of section 2(b) of andhra pradesh prevention of dangerous activities of boot leggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986, for habitually indulging in clandestine possession, transportation and sale/distribution of illicitly distilled liquor in contravention of the provisions of andhra pradesh prohibition act, 1995 and thereby acting in a manner prejudicial to the maintenance of public order. .....
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 : Andhra Pradesh
Reported in : AIR1974AP264
..... , considering the fact that the writ petitioner was a first offender chose to deal with him under section 3 of the probation of offenders act, 1958. ..... the chief city magistrate had not jurisdiction to bring a case under section 3 of the railway property (unlawful possession) act within the ambit of section 3 of the probation of offenders act because it prescribes a punishment of more than two years or with fine or with both. ..... principal contention of the learned advocate for the petitioner is that in view of section 12 of the probation of offenders act the petitioner could not have been removed from service on the ground of his conviction under rule 14 ..... it is in the light of this position of law that we have to consider the effect of section 12 of the probation of offenders act, it reads :'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 of an ..... any prosecution therefore under section 3 of the railway property (unlawful possession) act cannot be brought within the purview of section 3 of the probation of offenders act because the sentence which can be awarded is more than two years or with ..... if the petitioner had been rightly with under section 3 of the probation of offenders act , there can be very little doubt that as a result of section 12 of the said act, he could not have been removed from service under rule 14 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991CriLJ294
..... under section 3 of the probation of offenders act, 1958. ..... 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 ..... we entirely agree with this decision and hold that the probation of offenders act is not applicable, but in the instant case, as the respondent has already been given the benefit of probation of offenders act we do not think it is in the interest of justice to interfere with it at this ..... as follows : air1983sc360 :- 'the high court gave the benefit of the probation of offenders act to the accused and since last six years the respondent is enjoying this benefit ..... the complainant filed this revision under section 11(4) of the probation of offenders act which reads as follows : '11(4) : when an order has been made under section 3 or section 4 in respect of an offender, the appellate court or the high court in the exercise of its power of revision may set aside such order and in lieu thereof pass sentence on such offender according to law : provided that the appellate court or the high court in revision shall not ..... 'neither the learned additional sessions judge nor the high court gave any reason why the appellant should be deprived of the benefit of an order under section 4 of the probation of offenders act under which provision the appellant had been released by the trial court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009CriLJ2499
..... the first petitioner herein, the trial court, instead of sentencing them for the offences, for which they were convicted, took a lenient view and applied the provisions of the probation of offenders act, 1958 and thus released the petitioners on their executing bonds for rs. ..... section 4 of the probation of offenders act deals with the power of the court to release certain offenders on probation of good conduct. ..... in the light of those circumstances, the trial court with a view to maintain the harmony and see that the marital tie is not disturbed,, applied the provisions of the probation of offenders act. ..... from the above provision it is clear that if the court has formed the opinion that it is expedient to release the offenders on probation for their good conduct, having regard to the circumstances of the case, in a circumstance of this nature it is definitely expedient to apply the said provision i.e. ..... even according to section 7 of the act, the report of the probation officer is confidential and if the court feels it necessary it may communicate the substance of the said report only to the offender, against whom the report was called for. ..... as per the procedure provided under section 9 of the act, on the basis of the report of the probation officer or otherwise, the court may straightaway issue a warrant for the arrest of the offenders or issue summons etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1978CriLJ53
..... report recommended the exclusion of applicability of the prpbationary process in case of social and economic , offences and presumably in response to this recommendation, the, legislature has recently amended the, prevention of food adulteration act, 1954 by introducing section 20-aa providing that nothing -contained in the probation of offenders, act, 1958 or section 360 of the code of criminal procedure, 1973 shall apply to & person convicted of an offence under the ..... have pleaded that in any event on the facts and circumstances the benefit of the provisions of the probation of offenders act, 1958 should be given to them and they should not be sent to jail. ..... cri lj 874 (sc) (supra) observed that 'the rehabilitatory purpose of the probation of offenders act, 1958 is pervasive enough technically , to take within its wings . ..... observed that 'as regards persons under 2l years of age, however, the policy of the law appears to be that such a person in spite of his conviction under the prevention of food adulteration act, should not be deprived of the advantage of probation of offenders act which is a beneficent measure and reflects and incorporates the modern approach and latest trend in penology. ..... : adulteration of 'food' being a menace to public health and the act having been enacted with the aim of eradicating that anti-social evil, the court should not lightly resort to the provisions of section 4 of the probation of offenders act to offenders who are 21 years of age or above. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ934
..... special reasons to be recorded in certain cases :- where in any case the court could have dealt with - (a) an accused person under section 360 or under the provisions of the probation of offenders act, 1958 (20 of 1958), or (b) a youthful offender under the children act, 1960 (60 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so. ..... , or under the probation of offenders act, or under the children act or under any other law for the time being in force, though the accused could have been dealt with either under the said provision or other enactments. ..... , the probation of offenders act, children's act, 1960, a. p. ..... 4 of the probation of offenders act or under s. ..... the complex but important sentencing factors are not given sufficient emphasis and materials are not presented before the court to help it for a correct judgment in the proper personalised, punitive treatment suited to the offender and the crime.' 12. ..... 8 of the borstal school act instead of sentencing him to suffer imprisonment in a regular prison. ..... borstal school act, suppression of immoral traffic (in women and girls) act, etc. ..... borstal schools act, 1955. 14. ..... 8 of the borstal schools act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1982CriLJ1841
..... in mind that there are : (1) the probation of offenders act, 1958; (2) the andhra pradesh borstal schools act, 1925; (3) the andhra pradesh (andhra area) children act, 1920; (4) the andhra pradesh (telangana area) children act, 1951; and (5) the andhra pradesh (telangana area) children protection act (ix of 1343 fasli) for dealing with children and adolescent offenders. ..... provides that, if an accused person could not be tried under the probation of offenders act or the children act or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, the court shall record in its judgment the special reasons for not having ..... we are informed by the learned public prosecutor that till today the andhra pradesh children act, 1979 had not been brought into operation by the state government by issuing a notification under sub-section ..... trust that the government will at least now bring the act into force by issuing a notification under subsection (3) of ..... enactments should be scrupulously invoked while dealing with such offenders. 12. ..... (telengana area) children act, 1951 squarely applies ..... notice that the andhra pradesh legislature had passed the andhra pradesh children act, 1979 (act 26 of 1979). ..... section 21 of the act provides that notwithstanding anything to the contrary contained in any law, no child shall be sentenced to death or transportation or committed to prison, provided that a child who is fourteen years of age or upwards may be committed .....
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