petitioners prayed that accused may be given the benefit of
probation under Section 4(b) of the Probation of Offenders Act,
1958 keeping in view ... courts below, he is given the benefit of Section 4 of
the Probation of Offenders Act. Accordingly, it is
ordered that he shall furnish personal
record any cogent reason to negate their plea to release them on probation.
11.Thus being the position on record now, the short and significant ... prescription of minimum sentence can debar the accused to claim benefit of probation or not.
12.At the very outset what cannot possibly be disputed
more than one year, appellants/revisionists may be released on probation for maintaining peace and good behavior for specified period. Learned counsel for the revisionist ... further argued that the effect of Sections 3 and 4 of the Probation of Offenders Act, 1958, in the background of what is stated
case where this Court may consider releasing the revisionists on probation to maintain the peace and be of good behaviour under Section ... Probation of Offenders Act, 1958.
11. In the context of this submission, it may be gainful to refer the provisions of Section
should remain under the supervision of the Chief Probation Officer under the Probation of Offenders Act , Nadiad for a period of two years from ... namely, whether there was any scope for releasing accused No. 1 on probation. The trial Court also would have considered in those contingencies the personal
criminal case seeking explanation as to why petitioner's probation cannot be terminated. Petitioner submitted his explanation and according to the petitioner without considering ... explanation, order of termination of probation was passed by the 4th respondent on 25.9.1995. Petitioner preferred an appeal before the third respondent, which was rejected
offence
under Section 323 / 34 IPC.
13
Report of the probation Officer was called and the same
has been perused.
Ld. Counsel for the accused ... prayed for benefit of
probation to the accused persons on the ground that they are not
the previous offenders. Accused Neelam is aged around
HCHP
-8-
entitled to the benefit of Section-4 of the Probation of Offenders Act,
1958 since he was first offender and there ... offender also deserves to be given benefit
of Section-4 of the Probation of Offenders Act keeping in view his being
first offender. Ms. Tuli
that the State of Uttar Pradesh has its own local law of probation i.e. Uttar Pradesh First Offenders Probation Act, 1938 . He further submitted ... that the Probation of Offenders Act, 1958 (Central Act) is also applicable in the State of Uttar Pradesh as held
that the State of Uttar Pradesh has its own local law of probation i.e. Uttar Pradesh First Offenders Probation Act, 1938 . He further submitted ... that the Probation of Offenders Act, 1958 (Central Act) is also applicable in the State of Uttar Pradesh as held