Court : Punjab and Haryana
Reported in : 1999CriLJ818
..... of opium by the petitioner cannot constitute a special reason for declining him the benefit of the provisions of the probation of offenders act, 1958 when we look to the age of the petitioner and the fact that he has been suffering the vagaries of this criminal case for the last about 15 years. ..... he has submitted that keeping all this in view, he should be released on probation of good conduct under section 4 of the probation of offenders act, 1958. ..... 5000/- for a period of two years under section 4(1) of the probation of offenders act, 1958. ..... of opium should be viewed as large haul and possession of large haul would itself be a special reason for declining him the benefit of the provisions of the probation of offenders act or section 360, cr.p.c. 7. ..... petitioner is, however, ordered to be released on probation of good conduct on his furnishing personal bond and surety bond in the sum of rs. ..... on the conclusion of the trial, learned chief judicial magistrate, sirsa vide order dated 10-4-1994 found the charge under section 9 of the opium act proved against the accused. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2607; 1973CriLJ49; (1972)2SCC637; [1973]1SCR923; 1973(5)LC356(SC)
..... the only point raised by him was that the appellant should be given the benefit of section 4 of the probation of offenders act, 1958 under which the sentence of imprisonment awarded to the appellant could be dispensed with and an admonition should instead be given to him.6. ..... the provisions of the probation of offenders act, 1958, therefore, apply to persons found guilty under the prevention of food adulteration act. ..... the question, therefore, is whether we ought to apply, in the circumstances of the case and the nature of the evil to prevent which section 16 of the prevention of food adulteration was enacted, section 4 of the probation of offenders act and release the appellant from the sentence of simple imprisonment awarded to him with an admonition and a warning only.8. ..... that decision, however, expressed a note of caution that adulteration of food being a menace to public health and the act having been enacted with the object of eradicating that antisocial evil and for ensuring purity of articles of food sold to the members of the public courts should not lightly resort to the provisions of section 4 of the probation of offenders act which applies to offenders who are 21 years of age or above.7. ..... punjab : 1972crilj874 to which two of us were parties, it was held on a consideration of section 18 of the probation of offenders act that its operation is not excluded in cases of persons found guilty of offences under the prevention of food adulteration act, 1954. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ALD(Cri)415; 2008CriLJ3533; JT2008(7)SC66; 2008AIRSCW4805; 2008(7)SCC550; (2008)3SCC(Cri)183; 2008CriLJ3533; 2008(3)Crimes35; 2008(3)AICLR546; 2008(4)Supreme508; 2008(4)LH(SC)2630
..... their bad antecedents, it will not be appropriate to deny them to the benefit of probation under the probation of offenders act, 1958 and to send them to jail at this stage. 5. ..... can be traced to marvin's frankel's influential writings of the early 1970's , most notably his 1973 book criminal sentences: law without order.he also advocated:greater uniformity in punishments imposed upon similarly situated offenders , with a concomitant reduction in inexplicable disparities, including racial disparities in punishment and widely varying sentences based simply on the predilections of individual judges [see encyclopedia of crime and justice, second edition 'sentencing ..... , the court had to determine the correctness of the decision of the eight circuit court that reversed the decision of the district court on sentencing gall to 36 months probation period on the ground that a sentence outside the federal sentencing guidelines range must be and was not in this case, supported by extraordinary circumstances.reversing the decision ..... act sought to create a transparent, certain, and proportionate sentencing system, free of 'unwarranted disparity' and able to 'control crime through deterrence, incapacitation, and the rehabilitation of offenders' by sharing power over sentencing policy and individual sentencing outcomes among congress, the federal courts, the justice department, and ..... are permitted to base departures on the offenders particular 'amenability' to probation (frase, 1997).) 17. .....
Tag this Judgment!Court : Delhi
Reported in : 1982CriLJ2286; 22(1982)DLT134; 1982RLR519
..... of 1973 makes it mandatory of court to record in its judgment the 'special reasons' for not releasing offender on probation of good conduct where the circumstances indicate that he could have been dealt with under the probation of offenders act, 1958. ..... it may, however, be further clarified that in view of proviso to section 4 of the probation of offenders act the additional chief metropolitan magistrate shall ensure that the surety has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. 9. ..... the court has, thereforee, to examine the age, character or antecedents of the offender and also the circumstances in which the offence was committed and unless it comes to the conclusion that it is impossible to reform and rehabilitate the offender there is no reason why the benefit of the probation of offenders act be not given to the accused. ..... under the circumstances, i direct that the petitioner be released on probation of good conduct on his furnishing a bond in the sum of rs ..... after calling a report from the probation officer and having regard to the recommendation made by the probation officer charanjit, talwar j. ..... allowed the petition and directed the release of the petitioner therein on probation of good conduct. ..... the probation officer has reported that the petitioner belongs to a christian family and the economic condition of the family is quite .....
Tag this Judgment!Court : Delhi
Reported in : 17(1980)DLT209
..... has, however, urged that as the prosecution commenced in 1975, prior to the introduction of section 20aa, the 'benefit of section 4 of the probation of offenders act, 1958, should be given to the petitioner as 'he was only a boy of 20 years and four months of age at the time of commission of the ..... forty seventh report recommended the exclusion of applicability of the probationary process in case of social and economic offences, and presuroably in response to this recommendation, the legislature has recently amended the prevention of food adulteration act, 1954 by introducing section 20aa providing 'that nothing contained in the probation of offenders act,1958 or section 360 of the code of criminal procedure, 1973 shall apply to a person convcted of an offence under the ..... the benefit under the probation of offenders act was, however, not given as the learned sessions judge was of the view that the offence committed by the ..... the observations of the supreme court in prem ballab's case, (supra) directed the release of the convict under section 4 of the probation of offenders act. ..... was committed before the insedrtion of section 20aa, the court has to hold that it is undesirable to deal with the convict below 21 years under .section 4 of the probation of offenders act. ..... probation of offenders act ..... , it is urged by the respondent lay down that it is not permissible for the court to apply .the provisions of the prbbation of offenders act,, 1958 in a case where the accused is 20 years of age. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1988Delhi222
..... 14 of the probation of offenders act, 1958 lays down duties of the probation officer. ..... probationers who have been released or are intended to be released under the probation of offenders act or under section 360 of the code of criminal procedure. ..... legal position is that his 'report' cannot be considered as if it is made under the probation of offenders act. ..... may add that we are confining our observations only to the cases of life convicts and not to the cases which fall within the purview of the probation of offenders ad: or under section 360 of the code of criminal procedure. ..... thereforee, in the cases of life convicts, discreet enquiries by the probation officer (in his capacity as a member of the board) regarding the offenders' character and antecedents and social environmental conditions might become necessary and given freightage but certainly not his opinion as given in the present ..... we will firstly deal with the question whether the report of the probation officer in case of a convict who is undergoing life imprisonment and has completed over 14 years rigorous imprisonment can be made the basis for rejection of the jail superintendent's recommendations by the board or the authority acting within the purview of sections 432 and 433 of the code of criminal ..... we have not been told as to how a probation officer acting as a 'probation officer' appointed under the said act is empowered to oppose the cases of such like convicts for premature release, which cases were recommended by the .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)982; 98(2002)DLT194; 2002(62)DRJ782
..... the object of the probation of offenders act, 1958 is to prevent the youthful offenders from association with hardened criminals of mature age. ..... thereforee, he prays that he be released on probation under probation of offenders act, 1958 or the sentence be reduced. ..... taking into consideration the nature of the offence and report of probation officer and the fact that petitioner has suffered pain and agony of trial for about 12 years, a case for release of the petitioner on probation is made out.7. ..... in this case, report of the probation officer was also called. ..... it affords an opportunity to the convict having regard to the circumstances of the case, the nature of the offence and the character and antecedents of the offender to reform himself.5. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992CriLJ881; (1991)1GLR102
..... exercised and executed by the concerned court and or to put it other way -- whether a mere recital in the judgment, to quote, 'all the accused are hereby released after due admonition under section 3 of the probation of offender's act, 1958' (without there being any material on the record to indicate that an act of administering admonition to the accused was actually performed by the court) by itself can be said to be a truly sufficient compliance with relevant provisions of the said ..... the phrase 'release him after due admonition' appearing in section 3 of the probation of offenders act, 1958 as well as consequential aspect thereto; viz. ..... trial court so far as the order of sentence was concerned, the same was modified to the extent that accused were ordered to be released after due admonition under section 3 of the probation of offenders act, 1958 (hereinafter for short the said act).6. ..... the impugned order, which reads as under:--all the accused are hereby released after due admonition under section 3 of the probation of offenders act, 1958. ..... that having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient so to do, then, notwithstanding 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.explanation:for the purpose of this section, previous conviction .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ1471; 1999(1)WLC274
..... following questions of law do arise for consideration of this court:-(1) as to whether once the accused having been extended the benefit of probation, regard being had to the provisions of section 4 of the probation of offenders act, 1958 (for short 'the act of 1958') and thereafter release on furnishing personal bond, to maintain peace and be of good behaviour for a period of three years w.e.f. ..... not at all justified in having overlooked the statutory provisions of section 4 of the probation of offenders act as well as section 361, cr. p.c. ..... available to the accused after having been convicted of substantive offences and thereafter having been held entitled to the benefit of probation being the first offender and not a previous convict and it is only in a very exceptional circumstance that the said order should be reversed ..... aforesaid decision of the apex court and hence the impugned order of the appellate court dated 30-7-1998, whereby the order extending the benefit of release of the petitioner on probation for a period of three years by furnishing personal bond as passed by trial court and instead convicting the petitioner for offence under sections 456 and 354, i.p.c. ..... it is only in exceptional cases and in sparing circumstances that the order extending the benefit of probation for commission of substantive offences wherein the punishment imposed upon conviction does not extend maximum period of three ..... the benefit of probation under section 4(3) of the act, by furnishing surety .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR1523
..... we, therefore, direct that the appellant be released under section 4(1) of the probation of offenders act, 1958, and instead of sentencing him, direct that he be released on his entering into a bond before the trial court with two sureties, one of whom shall be his father, to appear and receive sentence when called upon ..... he contended that in such circumstances, the benefit of the provisions of section 4 of the probation of offenders act, 1958 may kindly be granted. 20. ..... the accused did not claim the benefit of the probation of offenders act at the trial stage. ..... we are inclined to agree that in this case the appellant may be given the benefit of the probation of offenders act. ..... state of harayana - : [1981]1scr1279 , the hon'ble supreme court has observed as under: 'in the present case, the offender is a young person and his antecedents have no blemish. ..... we are satisfied that the offender has a fixed place of abode and regular occupation. ..... nevertheless, the report of the probation officer states that the appellant is not given to any bad habits or stresses of poverty. ..... we are inclined also to rely on the probation officer's report which supports the direction for release on probation. ..... the probation officer recommends that an opportunity be given to the appellant to improve himself and bring up his family by honest labour as an agriculturist so that the interests of social defence may be secured. .....
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