Instead of keeping an accused with hardened criminals in a prison, Court can order personal freedom on promise of good behavior, and can also order a period of supervision over an offender. It must be stated that the provisions of the Probation of Offenders Act are not confined to juveniles alone, but extend to adults also. It is also proposed to empower Courts to release on probation, in all suitable cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life. In respect of offenders under 21 years of age, special provision has been made putting restrictions on their imprisonment. Lal Singh and others, 1990 Cri. When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.
Thus, the submission so advanced by Shri Gupta is preposterous. The facts of the case are not in dispute. The report of a probation officer referred to in sub-section 2 of section 4 or sub-section 2 of section 6 shall be treated as confidential: Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report. Restrictions on imprisonment of offenders under twenty-one years of age. In fact the punishment of dismissal was found to be disproportionate to the delinquency committed by the appellant therein. Probation is a socialized penal device an extramural alternative of institutionalization and has come about as the result of modification over a period of time of doctrine of deterrence into the principle of reformation, a development that paved the way to the introduction of clinical approach and the principle of individualization in the handling of offenders.
These offences of corrupting the internal fabric of the mind have got to be treated on the same footing as the cases of food adulterators and we are not prepared to show any leniency. No suit or other legal proceeding shall lie against the State Government or any probation officer or any other officer appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder. Section -17 Power to make rules. The appellant submitted the reply dated 08. The order of release on probation of the offender is merely in substitution of the sentence to be imposed by the court. When the raiding party reached at the spot, it found the accused feeding fire below the hearth.
It has further been contended that the Court should also take into consideration that the convicts belonging to middle class families without any criminal antecedent often become victim of circumstances because of undesirable company and other evil influences available to such young generation. Section -12 Removal of disqualification attaching to conviction. If, on the application of a probation officer, any court which passes an order under section 4 in respect of an offender is of opinion that in the interests of the offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein: Provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the bond an opportunity of being heard. State of Haryana 2000 Cri. Short title, extent and commencement.
Probation officers to be public servants. Rajesh Kumar, learned counsel appearing for the respondent-Bank, has vehemently opposed the appeal contending that grant of benefit under the Act, 1958 takes away only the punishment sentence and not the factum of conviction, therefore, in case, an employee of the Bank stands convicted in an offence involving moral turpitude, it is permissible for the respondent-Bank to remove him from service. Variation of conditions of probation 9. At that time, a secret information was received that the present petitioner is engaged in distilling of illicit liquor and is operating a working Still in the fields of Jit Singh son of Harnam Singh at Ghaggar drain. Report of probation officer to be confidential. Report of probation officer to be confidential 8. The probation Board and the State Government are required to take into consideration the relevant factors before deciding or declining to release a convict.
It was further submitted that at the time of occurrence, the petitioner was aged about 33 years. In fact, the conviction of a person in a crime involving moral turpitude impeaches his credibility as he has been found to have indulged in shameful, wicked, and base activities. The object of Criminal Law is more to reform the offender than to punish him. Act deals with the release of the accused person on Probation of Good Conduct with or without sureties for such period not exceeding three years as the Court may direct. Analysis of Section 4 of Probation Of Offenders Act 1958 Release on Probation Section 4 of the act deals with the power of the court to release certain offenders on probation of good conduct.
Therefore supervision over the probation is possible only through field-visits and intermittent contacts. For the purpose of satisfying itself whether it would not be desirable to deal under section 3 or section 4 with an offender referred to in sub-section 1 the court shall call for a report from the probation officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender. Being aggrieved, the appellant challenged the said award of the Tribunal by filing the writ petition No. However, owing to pre-occupation with other more important matters, the Bill could not be proceeded with. The Pre-sentence report submitted by the Probation Officer must contain true and factual information regarding the character, personality, family and educational background, employment particulars, general surroundings and past- antecedents of the offender. If therefore the individual charged with a certain conduct owes a duty, either to another individual or to the society in general, to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly, his conduct must be held to be due to vileness and depravity. Appeal lacks merit and is liable to be dismissed.
However, it is not necessary that the court has to act on probation officers report. Courts competent to make order under the Act, appeal and revision and powers of courts in appeal and revision 12. Section -4 Power of court to release certain officers on probation of good conduct. Section -3 Power of court to release certain offenders after admonition. Power of Court to release certain offenders after admonition.
We could not persuade ourselves, in the aforesaid fact-situation, that any other view could also be possible. The accused was serving as Peon in the Education Department. Section 4 of the P. Scope The provision of section 4 vests in the court a discretion to release a person found guilty of having committed an offence not punishable with death or imprisonment for life. In view of the above, we find no force in the appeal and it is accordingly dismissed.
It can also impose appropriate conditions which might be required for such supervision. Once those conditions are fulfilled and the ,other formalities which are mentioned in section 4 are complied with, power is given to the court to release the accused on probation of good conduct. Report of probation officer to be confidential. Section 3 or Section 4 with an offender referred to in sub-section 1 , the court shall call for a report from the probation officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender. Aggrieved against the same, petitioner had filed an appeal.