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
fact that the petitioner was not convicted and sentenced but was granted probation and, hence, he could not have been dismissed from service. No reasonable ... order passed by the respondent-authority. He submitted that when probation was granted to the petitioner, it could not be said that
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
Section 323 of ' IPC ' when accused No.1 is granted probation
under 'the Act, 1958', these two lady accused are also ... accepted, then also both of them should
be granted probation as the original accused No.1 is granted
probation thereof.
[15] In that view
section 135(1) of B.P. Act. The trial
court however granted probation to both the accused and
ordered them to be released on probation ... appeal is
filed for enhancement of the sentence awarded and the
probation granted by the trial court.
2. It is the case of the prosecution
offence under Section 332 , 504 , IPC and thereafter, trial court granted benefit of Probation of Offenders Act to accused No. 3 and 5 and convicted ... Singh and Ors. . He submitted that the apex court has granted benefit of probation of good conduct even in case of offence committed and convicted
proceedings, the Court released the accused
on probation of good conduct under Section 4 of the Probation of
Offenders Act by holding that it would ... confirmed grant of benefit of probation
granted by the Trial Court
under Section 4 of the Probation of Offenders Act. The
only lapse found
period already undergone.
Accused No.4 - appellant No.2 has been granted
probation. As regards appellant No.1 - original accused
No.2, he having caused ... Bharwad Mala Popat and Bharwad Zala Popat. Accused no.4
was granted probation and hence, no further direction was issued.
Clearly, the original accused
substantive sentence. All the same, he recorded conviction and only thereafter probation was granted to the petitioner under S. 360 of the Code of Criminal ... Probation of Offenders Act, 1958, the Apex Court held that release of offender on probation under the Probation of Offenders Act does not obliterate
Court is called upon to decide whether the probation should be granted or not. In this view of the matter, there is no alternative left ... years of age, he should as a matter of course be granted probation. Accordingly, for granting probation over and above the convict is found
