accused, who was convicted in this case, was extended the benefit
of probation considering his age to be 85 years, whereas the trial
Court ... though has considered the prayer of the petitioners
for release on probation, but was of the opinion that this is not a fit
case
days simple imprisonment, however, refused
to extend the benefit of the Probation of Offenders Act, 1958 .
5. PW-1, Arpana Devi, who is the informant ... whether the accused petitioners
ought to have been dealt as per the Probation of Offenders
Act 1958, considering the gravity of offence and the
involvement
Singh and Diwan Singh under
Section 323 IPC and released them on probation whereas
accused Karam Singh and Khazan Singh were convicted and
sentenced ... submitted that two of the accused have been allowed the
concession of probation. There is no ground for withholding the
concession of probation
charge under Section
308 IPC and have been released on probation under Sections 325 , 341 ,
323 , 506 , 34 IPC.
Briefly, the facts of the case ... Later
on, all of them were released on probation.
The present appeal has been filed by the complainant against
acquittal of respondents
before the lower Court also
they had prayed for extending benefit of Probation of Offenders Act,
1958 [for short the Act ] to the petitioners ... trial Court
has even not called for the report of the Probation Officer as
required under the statute, by an order dated 22/2/2013
accused, Jagtar Singh, of
the appellants was ordered to be released on probation and the
same benefit should have been extended to the appellants ... offence punishable
under Section 325 , IPC, can be released on probation.
Kanchan
2014.01.14 17:12
I attest to the accuracy and
integrity of this document
first revision petitioner/A1, but invoke provision 4 of the Probation
http://www.judis.nic.in
9
of Offenders Act . Consequently, this court directs ... first revision
petitioner/A1 be released on probation of good conduct, on his
executing a bond for a sum of Rs.10,000/- (Rupees
record any cogent reasons
to negate their plea to release them on probation, so, the petitioners-
convicts are entitled to the benefit of probation. Learned ... whether the petitioners-convicts are entitled to the
benefit of probation or not?
9. Having regard to the rival contentions of the learned counsel
petitioner was convicted in a criminal case and was
given benefit of probation for one year by the trial Court. As a result
of arrest ... order of conviction
was passed but the petitioner was released on probation of good
conduct for a year. On 4.01.2011 the petitioner returned
sentence and ordered the
release of respondents No. 2 to 10 on probation. Hence, the
present petition by the complainant.
Crl. Revision ... Court, while ordering the release of respondents No. 2 to 10 on
probation has observed as under:-
"As discussed earlier the learned counsel
