justifiable causes to enable the Court to revoke the probation granted. The legislature has specifically
enumerated the justifiable cause for revocation. If anything is added
this Court, paragraph Nos.8, 9
25
and 11 invoking of Probation of offenders Act. When the High
Court was deciding the revision petition against ... probation officer in terms of Section 4 of the Act, granted
probation. Even in such a case, it had to give reasons why it
disagreed
applications and examining the case for releasing
:: 43 ::
the appellant on probation under Section 4 of PO
Act.
7. Sri Mahesh Shetty, learned High Court ... applicability of the provisions
of Probation of Offenders Act . If I.A.No.3/2022 is
granted, indirectly it amounts to reviewing the
:: 44 ::
judgment
appellants are first time offenders and they are entitled for
grant of probation. Hence, point No.2 is answered partly in
affirmative.
Regarding Point ... remaining alleged offences is maintained and they
have been granted probation under Section 4 of the
Probation of Offenders Act and ordered to execute
accused
petitioner is entitled to have the benefit of probation
under Section 4 of the Probation of Offenders Act.
24. Learned High Court Government Pleader ... First
Appellate Court is hereby set aside.
Accused is granted probation in terms of Section
4 of the Probation of Offenders Act and directed
Section 360
of the Code does not provide for any role
for Probation Officers in assisting the courts
in relation to supervision and other matters ... with regard to the
accused, the trial Magistrate ought to have granted
probation to the accused. Unfortunately, learned
judge in the First Appellate Court
contentions urged on behalf of the
Revision Petitioner that accused be granted probation
cannot be countenanced in law and the punishment
awarded by the learned ... above modification, rest of the
sentences stands unaltered.
(iv) Time is granted for the accused to
surrender before the trial Court for serving
the remaining
first time offenders, they may be granted
probation by enhancing the fine amount.
9. Per contra, learned High Court Government Pleader
supported the impugned judgment
they are not
entitled for grant of probation cannot be countenanced in
law and sought for granting probation.
13. Per contra, the learned High Court ... toto. He further contended that the accused persons
13
cannot be granted probation in the absence of the report
from the probation officer and therefore
since he is a first time
offender, he may be granted probation. Learned High
15
Court Government Pleader however, opposed the said
submission but fact