Court : Orissa
Reported in : 1992CriLJ122
..... the trial court convicted and sentenced the petitioner as stated above with the observation that the gravity of the offence did not justify the extension of benefit of probation of offenders act, 1958 (hereinafter referred to as 'the act'). ..... section 4 authorises the court to release an offender on probation of good conduct where he is found guilty of having committed an offence not punishable with death or imprisonment for ..... the sentence is kept under suspension and the court under this provision keeps control over the offender and calls upon him to receive sentence if he violates the bond during such period, not exceeding three years, specified in the ..... learned counsel for the petitioner that the petitioner being a young man of 39 years of age at present and a first offender, the benefit of the act may be extended to him.7. ..... section 6, section 3 or section 4 does not require the court to give special reasons for not applying those provisions to offenders found guilty of having committed offences enumerated therein. ..... section 3 of the act confers power on the court to release after due admonition the first offenders who have been found guilty of certain offences including the one under section 379, ..... so, the ground given by the trial court for not extending the benefit of the act cannot be said to be a valid one.the petitioner was aged about 29 years at the time of commission of the offence and there is nothing to show that after commission of the crime, during the last about 10 years .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT525; 1992CriLJ1788
..... stand that he had not met the petitioner at all on 13th, not to speak of having acted as alleged by the petitioner and having made any disparaging remark against the high court or against the judiciary as a whole, the contemner may be given the benefit of section 3 of the probation of offenders act, 1958 because no such previous conviction has been proved against him and the circumstances of the case including the nature of ..... . this takes us to the question of sentence, keeping in view the fact that the contumacious conduct of shri nanda which we have held to have been established fully to our satisfaction consists of an act which might have been committed on strong impulse, we are of the opinion that it is a fit case where, in the absence of tendering of any apology by shri nanda, which he may not have chosen to do because of his ..... of 1990, about commission of criminal contempt by the managing director inasmuch as the acts and words attributed to him tended, inter alia, to lower the authority of this ..... for consideration is as to whether in the meeting that had taken place between the petitioner and shri nanda, the latter had done any act or made any utterances which tended to lower the authority of this court. ..... shri nanda had 'no reason or occasion' to do as alleged, we would say that, as already pointed out, there were reasons for shri nanda to feel unhappy at the order of 12th, which might have led him to re-act the way which has been alleged by petitiner .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR525
..... cr pc, 1973 and this section, inter alia, provides that where in any case the court could have dealt with an accused person under sec 360 or under provisions of the probation of offenders act, 1958 but has not done so, it shall record in its judgment the special reasons for not having done so. ..... it was contended on behalf of the state of assam that as the provisions of section 19 of the probation of offenders act, 1958 were made applicable to the state of assam, section 360 of the criminal procedure code did not apply in ..... in this connection it has observed as under ;'......the provisions of the probation of offenders act, 1958 are more beneficial and result-oriented and wider in scope and applicability for the reformation and rehabilitation of the offenders as a useful and self-reliant member of society without subjecting him to the deleterious effects of jail life' ..... criminal procedure makes it incumbent upon a court, if it does not want to deal with a case of an accused person either under section 360 of the code of criminal procedure or under the provisions of the probation of offenders act (1958), to record special reasons in the judgment for not having done so. ..... the legislature has also provided in sub-section (10) that nothing in the section shall affect the provisions of the probation of offenders act, 1958 (20 of 1958), or the children act, 1960 (16 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. .....
Tag this Judgment!Court : Orissa
Reported in : (1999)ILLJ464Ori
..... (iii) in view of section 12 of the probation of offenders act, 1958 which provides that a person found guilty of an offence and dealt with under the provisions of section 3 or 4 shall not suffer disqualification attaching to a conviction and the petitioner having been released by the learned chief judicial magistrate under section 3 of the said act on probation, his conduct which is sought to be established in the disciplinary proceeding automatically stands washed out and the impugned charge-sheet-cum-show cause notice is misconceived. ..... the learned magistrate, however, instead of sentencing the petitioner any punishment released him under section 3 of the probation of offenders act, 1958 after due admonition. ..... basically and essentially the rival contentions of the parties revolve round the scope and sweep of section 12 of the probation of offenders act, 1958 (hereinafter referred to as 'the act'). ..... (ii) section 12 of the probation of offenders act, 1958 should be read and interpreted to tone down the rigour of dismissal from the service. ..... the words 'attaching to a conviction of an offence under such law' refer to two contingencies: (i) that there must be a disqualification resulting from a conviction ; and (ii) that such disqualification must be provided by some law other than the probation of offenders act. .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ1259; 1995(II)OLR260
..... sections 360 and 361 of the code of criminal procedure, probation of offenders act, 1958 and the children act, 1960 and other similar laws are indicative of the intention of the legislature that rehabilitation of offenders and not mere deterrence are amongst the objects of administration of criminal justice ..... known a proposition of law that it is obligatory of the court to apply the provisions of probation of offenders act where it is permissible and extend the benefit thereof to the accused. ..... over-looked the beneficial provision of the probation of offenders act and failed to extend its benefit to ..... be discharged light-heartedely and in a mechanical manner without looking as to what the legislature mandates in the various provisions of the probation of offenders act and other acts. 6. ..... 1995) 8 ocr 494, where it is observed that the criminal courts instead of discharging their sentencing function in a mechanical manner should assign special reasons, if they decline to extend the benefits of the provisions of the probation of offenders act to the accused. 5. ..... judgment of the appellate court on several grounds, but he only confined his submission that the learned appellate court committed grave error in not extending the benefit of the provisions of the probation of offenders act to the accused. ..... complacent by saying that it has complied with the statutory requirment merely by observing that it is not a fit case to extend the benefit of the provisions of the probation of offenders act. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR446
..... alternatively submitted that the occurrence took place long back, and this being a case of run-of-the-mill category, the benefit under the probation of offenders act, 1958 (in short, the 'probation act') should have been extended to the accused persons by the courts below. ..... question is whether the benefits under the probation of offenders act, 19e8 (in short, the 'probation act') should be extended to the petitioner. ..... looking into the age, and antecedents of the offender and to the trivial nature of the offence which occurred nearly five years back, in my view instead of sentencing them to jail custody, it would be appropriate if they are released on probation on each one of them entering into a bond with one surety ..... reason why all are deemed guilty in such cases is that the presence of accomplices gives encouragement, support and protection to the person actually committing the act.common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. ..... white dealing with a case whether probation is to be granted, the modern trend of corrective measures for accused persons and the stress on reformation cannot be ..... the section is framed to meet a case in which it may be difficult to distinguish between the acts of individual members of a party or to prove exactly what part was taken by each of ..... section 34 refers to a criminal act done by several persons in furtherance of the common .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori7; 30(1964)CLT370; 1965CriLJ56
..... unfortunately the attention of the learned sessions judge who heard the appeal and of this court while hearing the aforesaid criminal revision, was not invited to the fact that the probation of offenders act, 1958 had been extended to the district of ganjam with effect from 1st december 1962--by the government of orissa, home department notification no. ..... murty contended that from the date on which the probation of offenders act was brought into-force a court trying the accused who is less than 21 yean of age for an offence which is not punishable with imprisonment for life, is bound to comply with the provisions of section 6 of that act, and that before deciding to send such an accused person to jail it was bound to call for a report from the probation officer as required by sub-section (2) of that section, and ..... this view is supported by the language used in section 31(1) which is as fallows:'notwithstanding anything contained in the code or in 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 on appeal or revision. ..... 'the legislature by using the words 'when the case comes up before it' seems to have enacted 'that the relevant date for the purpose of applying the act is not the date on which the offence was committed but the date on which the appeal or revision, as the case may be, comes up for consideration before the appropriate .....
Tag this Judgment!Court : Orissa
Reported in : 74(1992)CLT806; 1993CriLJ544; 1992(II)OLR476
..... the short question that arises for determination in this case is whether in the facts and circumstances of the case the petitioner can be given benefit of the previsions of the probation of offenders act, 1958 (hereinafter referred to as 'the act')2. ..... person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of offence and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition.section 4(1) of the act vests power in the trial court to release certain ..... in the meantime to keep the peace and be of good behaviour the other sub-sections o1 section 4 are not relevant lor the present purpose.section 11 of the act provides that 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 on appeal or in revision. ..... while maintaining the conviction the court directed that he shall be released on probation of good coi under section 4 of the act and directed the appellant to appear before the chief judicial magistrate, bhiwani within four weeks and the magstrate was directed to release him after due admonition. .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR180
..... it was held by learned migistrate that petitioners are not entitled to get the benefits of probation of offenders act, 1958 ( in short the 'probation act'), the learned addl sessions judge has not dealt with this aspect specifically, but has held that sentence was reasonable.2. ..... having regard to the circumstances of the case including nature of offence and character of the offender, i feel that instead of sentencing them to any punishment or releasing them on probation of good conduct under section 4 of the probation act. ..... high court has power to release an accused under section 3 of the probation act after due admonition.criminal revision is disposed of accordingly. ..... it would be appropriate to release them after admonition, which i do by exercise of powers under section 3 of probation act.it was urged by the learned counsel for the state that high court has no power to exercise jurisdiction under section 3 of the probation act. .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ207; 1994(II)OLR512
..... according to him, prescriptions of section 6 of the probation of offenders act, 1958 (in short, the 'act') was not kept in view by the courts below learned counsel for state submitted that this is a factual controversy as age of the offender is the determinative factor, while dealing with a case where applicability of section 6 of the act is in issue.3. ..... character of offender, then before the court forms its opinion adverse to the offender in that regard, it must seek a report from a probation officer or get any other information available relating to the character and physical and mental condition of the offender. ..... provision of the act intends amongst others reformation of juvenile offenders so as to prevent them becoming hardened criminals educative and reformative treatment is intended by operation of sec ..... section 6 of the act mandates a report from the probation officer which has to be considered for opinion of court regarding non- desirability of extending provision of section 3 or 4 to the ..... he shall after getting a report from probation officer as required under sub-section (2) of section 6 and keeping in view three aspects enumerated above, take a decision whether protections of section 6 are to be afforded to the petitioner, after giving him an opportunity of being ..... only embargo on the power is sentence awardable, and view of the court that having regard to the circumstances of the case including nature of offence and character of the offender, a departure is warranted. .....
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