Judgment Search Results Home > Cases Phrase: probation of offenders act 1958 Court: himachal pradesh Page 1 of about 17 results (0.045 seconds)

State of Himachal Pradesh Vs. Lat Singh and ors.

Court : Himachal Pradesh

Reported in : 1990CriLJ723

..... case where the court could have dealt with an accused person under section 360 or under the provisions of the probation of offenders act, 1958, but has not done so, it shall record its reasons for not having done so, in section 361, shows that the provisions of the probation of offenders act, 1958, may still operate in certain areas irrespective of the existence of section 360 in the code.27. ..... -(a) an accused person under section 360 or under 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 ..... as framed per se indicates that the provisions of the probation of offenders act, 1958 (hereinafter referred to as 'the act') apply to the entire area comprised in the state ..... escape from the conclusion that all the three conditions enumerated above exist so that reference to section 562 of the 1.898 code in section 19 of the probation of offenders act, 1958 will have to (be) read as a reference to section 360 of the 1973 code. ..... by the language of sub-section (10) of section 360, which reads:'nothing in this section shall affect the provisions of the probation of offenders act, 1958 (20 of 1958) or 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. .....

Luxmi Devi and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC94

..... even while i do set aside the order passed by the learned appeal court in so far as it does away with the imprisonment of six months but at the time by invoking the provisions of probation of offenders act, 1958 i hold that the petitioners should be held entitled to the benefits of this act because i feel that in the facts and circumstances of the case section 4 having been attracted, its benefit should be granted to the petitioners.7. ..... while finally disposing of the petition, i send back the matter to the learned judicial magistrate, baijnath, district kangra, with the directions to him to grant the benefit of section 4 of the probations of offenders act, 1958 to the petitioners by observing all requirements arising from and relating thereto.8. ..... maniktala has submitted that i should invoke section 4 of the probation of offenders act, 1958 and grant the benefit of this provision to the petitioners.5. ..... taking a lenient view in the matter, i do feel that this is a case where the provisions of probation of offenders act, 1958, being attracted, should be applied. ..... either way his act is unpardonable. .....

State of H.P. Vs. Sukh Ram

Court : Himachal Pradesh

Reported in : 2003CriLJ219

..... sentence, it was contended on behalf of the accused that keeping in view the fact that the case pertains to the year 1989 and the fact that the accused has a large family to support, benefit of probation of offenders act, 1958, be given to the accused and he may be released on probation under section 4 of the said act.24. ..... , does not deserve to be dealt with under the probation of offenders act, 1958. ..... present appeal preferred under section 378, code of criminal procedure, the state has assailed the acquittal of the respondent sukh ram, hereinafter referred to as the accused, of the offence under section 61(1)(a), punjab excise act, as applicable to the state of himachal pradesh, as recorded by the learned sessions judge vide judgment dated 11-3-1998 passed in criminal appeal no. ..... trial court on consideration of the material placed before it, came to the conclusion that the offence under section 61(1)(a), punjab excise act, stood proved against the accused beyond reasonable doubt. ..... director of enforcement, foreign exchange regulation act (1985) 3 scc 72 : (air 1985 sc ..... of the investigation, the accused was sent up for trial for the offence under section 61(1)(a), punjab excise act, as applicable to the state of himachal pradesh. ..... was tried and convicted of an offence under section 52, post office act, for secreting postal articles. ..... worthwhile to note that after this case the accused was again involved in the offence under section 61(1)(a) of the punjab excise act, in the year 1991. .....

Raj Mohammed Alias Raju Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2002CriLJ2091

..... section 33 of ndps act reads as under :-nothing contained in section 360 of the code of criminal procedure 1973 or in the probation of offenders act, 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 offences for which such person is convicted is punishable under section 26 or section 27in the present case, the accused has been convicted under section 15 of the ndps act.18. ..... the state of bihar 1972 scc (cri) 540 : 1972 cri lj 1042, their lordships of the supreme court while dealing with the provisions of sections 3,4 and 6 of the probation of offenders act, have observed as under (at page 1045; of cri lj) :-whereas sections 3 and 4 leave it to the discretion of the court to make an order as provided therein, section 6 provides that where a person under 21 years of age is found guilty of an offence punishable ..... from the plain reading of section 33 of the ndps act, the benefit of probation of offenders act can be extended to an accused being under 18 years of age at the time of commission of the offence. ..... section 6 of the probation of offenders act provides restrictions on imprisonment of offenders under twenty-one years of age, which reads as under :-(1) when any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), .....

State of Himachal Pradesh Vs. Shakti Parshad

Court : Himachal Pradesh

Reported in : 1984CriLJ1812

..... (2) to (9) xxx xxx xxx xxxxxx xxx xxx(10) nothing in this section shall affect the provisions of the probation of offenders act, 1958, or the children act, 1960, or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.section 361 of the code reads as under:361. ..... these facts are of primary importance before the court can pass an order under the probation of offenders act.it is not in dispute that the act applies to himchal pradesh.4. ..... 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. ..... act, 1958 (hereinafter referred to as 'the act') empower the court to release certain offenders on probation of good conduct and place restrictions on imprisonment of offenders under twenty-one years of age in certain cases. ..... the plea was rejected on the following ground:sections 4 and 6 of the act indicate the procedure requiring the court to call for a report from the probation officer and consideration of the report and any other information available relating to the character and physical and mental condition of the offender. ..... 1958, or(b) a youthful offender under the children act, 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.3. .....

Ashok Rana, Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... report under the probation of offenders act, 1958 was called for each of the police personnel and on going through the same and considering the nature of the offences committed by them, the learned court directed that they be released on their ..... to be noticed here is that all the police officials were found guilty of the offences under section 223 of the indian penal code and were given the benefit of the probation of offenders act, 1958 (hereinafter referred to as the 'act'). ..... probation officers have recommended that keeping in view, behaviour, character of the offenders being good, they have been recommended for their release under probation of offenders act ..... say that he will keep in mind the judgment passed by learned chief judicial magistrate, una, convicting all the twelve police personnel, all were given benefit of the probation of offenders act and out of whom nine have been re-instated in service by giving them the benefit of section 12 of the 'act'.13. ..... judicial magistrate in the criminal case has thoroughly appreciated the evidence and has also considered the degree of involvement of each and every police official granting all of them the benefit of the probation of offenders act and subsequently the state also granted them (except the petitioners) benefit under section 12 of the 'act'.9. ..... been furnished accordingly which are attested and accepted, hence all these convicts are ordered to be released after giving them benefit of section 4 of probation of offenders act....6. .....

Negi Ram and anr. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1986CriLJ1228

..... further argued that since the accused are the first offenders and the revisionist negi ram is an old man, it would be just and proper in this particular case to extend to him the benefit of the provisions of probation of offenders act, 1958. ..... the opinion that the benefit of probation of offenders act should not be extended to the ..... against the revisionist negi ram, however, i feel that in a case of this nature, the invocation of the probation of offenders act is not called for. ..... now from these preambles in the two orders it is clear that the government of himachal pradesh was passing these orders in the exercise of the powers delegated to it under section 3 of the act through various communications mentioned therein and with the prior concurrence of the central government and the aim of the two orders is to maintain or increase the supplies or for securing the equal distribution ..... the appeal of the revisionists negi ram and his son baldev raj against their conviction under section 7 of the essential commodities act (hereinafter referred to as 'the act') for contravening the provisions of the himachal pradesh hoarding and profiteering prevention order, 1977, (hereinafter referred to as 'the prevention ..... it is to obviate and curb these malpractices on the part of the ruthless dealers that the essential commodities act, 1955 has been enacted along with the various orders thereunder and, in my opinion the violation of the provisions of this type of offence in a welfare state should not .....

Bhajan Singh and anr. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ4702

..... . even while hearing the appeal under article 136 of the constitution the court could invoke its jurisdiction to substitute the sentence in view of the probation of offenders' act, 1958 and in the peculiar facts and circumstances the supreme court since has invoked its jurisdiction under the aforesaid act, where the accused-appellants were held guilty and convicted and sentenced for imprisonment for 3 months under section 323 and 6 months under section ..... . 500/-, as such the offence and conviction was viewed from the point of reformation and was said that the benefit of section 4 of the probation of offenders' act, 1958 could be given to accused-appellants and they were directed to file bonds in lieu of sentence ..... . state of bihar : 2005crilj4135 the, power under sections 3 & 4 of the probation of offenders' act, 1958 has to be invoked and keeping in view the nature and gravity of offence, impact of the offence on the victim is correct in over all circumstances even at the stage of appeal or revisional stage ..... any of the offence and they have never been convicted or sentenced previously and also keeping in view the nature of injuries inflicted and the type of trauma the victim have undergone, it is difficult to extend the benefit of probation of offenders' act.25 .....

State of H.P. Vs. Girdhari Lal

Court : Himachal Pradesh

Reported in : 2007CriLJ4347

..... shows that it was held by the punjab & haryana high court that an appeal to the high court by the state government against an order passed by the trial magistrate under section 4 of the probation of offenders act, 1958 is competent. ..... is, therefore, clear from the above discussion that the findings of the learned trial court releasing the respondent under section 4 of the probation of offenders act cannot be said to be correct and are liable to be set aside in view of the decision of the hon'ble apex ..... learned trial judge while awarding the sentence did not consider this question as to whether the benefit of section 4 of the probation of offenders act can be accorded or not to a case like the present one when the respondent was held guilty under section 304-a, ipc ..... of the law laid down by the hon'ble apex court in the above case, it is clear that the benefit of probation of offenders act cannot be recorded to the person held guilty under section 304=a, ipc and the reasons have been clearly given by their lordships ..... magistrate adopted a shortcut method by releasing the respondent under section 4 of the probation of offenders act without caring as to what is the law laid down in this regard.11. ..... wherein it was clearly laid down that in view of galloping rate of road accidents in india and its devastating consequences, lenience cannot be shown and the benevolent provisions of section 4 of the probation of offenders act cannot be treated as applicable to the offence under section 304-a. .....

Tej Deen Vs. H.R.T.C. and anr.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC485

..... to the circumstances of the case, i am of the opinion that he should be dealt with under the probation of offenders act, 1958.despite the said observation shankar dass was dismissed form service. ..... india, wherein this court commended the judgment of a magistrate of delhi as he had let off the appellant therein under section 12 of the probation of offenders act stating: (scc p.361, para 6)misfortune dogged the accused for about a year... ..... of the office order dated 31st january, 1987 reads thus:office order.whereas shri tej deen, driver, hrtc, rohroo sub unit has been convicted on a criminal charge, to wit, under sections 41-42 indian forest act.and whereas it is considered that the conduct of the said shri tej deen driver which has led to his conviction is such as to render his further retention in the public service undesirable.now, therefore, in ..... only been informed initially by the superintendent of police that the petitioner was arrested in a criminal case, registered against him under the indian forest act and thereafter the superintendent of police had sent a copy of tmp no. ..... not convicted for any act involving moral turpitude. ..... such power, the disciplinary authority must act reasonably and fairly. ..... right to impose a penalty carries with it the duty to act justly. ..... perused the record carefully.it appears from the pleadings that the petitioner was convicted by the sub divisional judicial magistrate, tehog on 26th december, 1984, under sections 41 and 42 of the indian forest act. .....