benefit of probation and
sub mitte d that u / s 4 of Probation and Offender Act , the
benefit of probation is mand a tory ... entitled
to benefit of probation and sub mitted that u / s 4 of Probation
and Offender Act , the benefit of probation
that even without calling for the report of probation officer,
benefit of probation came to be granted to respondent No.2 - accused,
who is admittedly ... probation without calling for
report from the probation officer may not be treated to be merely an
irregularity. When probation is to be granted
Judge, Surat in Criminal Appeal no.102
of 2018 challenges the probation granted to the accused
under Section 4 of the Act.
2. The case ... JMFC, Surat dated 26.4.2018 in
Criminal Case no.65011 of 2013, granted probation under
Section 4 of the Act by directing the accused to execute
Assistant Teacher, and thereafter,
on successful completion of probation period,
the approval was granted and therefore he
acquired status as Assistant Teacher on
regular/permanent ... granted protection in the pay
scale granted to him while granting approval
by the Education Officer on completion of
successful probation period. In that view
been discovered. (f) Since probate was granted, a later will has been discovered. (g) Since probate was granted,codicil has been discovered which revokes ... letters of administration shall have been granted : Effect of unlimited probates etc., granted by certain Courts, - Provided that probates and letters of administration granted
sentence of imprisonment was also
set aside and the accused were granted probation subject to fine of
Rs.5,000/- which was to be paid ... probation. The fine
imposed was not adequate and having regard to number of injuries and their
nature, adequate compensation ought to have been granted
specified individuals or
institutions. The period of release on licence or probation granted to
them would give them opportunity to lead a crime free ... which authorises government to release
the prisoner on probation on consideration of his antecedents and his
conduct in the prison, reads thus :-
"2. Notwithstanding
been discovered. (f) Since probate was granted, a later will has been discovered. (g) Since probate was granted,codicil has been discovered which revokes ... letters of administration shall have been granted : Effect of unlimited probates etc., granted by certain Courts, - Provided that probates and letters of administration granted
under the provisions of the PC Act cannot be
granted benefit of release on probation of good conduct under
Section 360 of the Code ... Karnataka v. Muddappa6 in which case the benefit of release
on probation was granted to the convict.
6. The benefit of the provisions of Section
thereof,
despite the material brought on record of the conviction
and probation granted to respondent No.4 as well as in
other case pending
