Supreme Court: The court must call report of probation officer before considering the grant of benefit of probation to accused

 We are conscious that in MCD (supra), since followed in State of Madhya Pradesh v. Man Singh   MANU/SC/1505/2019 : 2019:INSC:1201 : (2019) 10 SCC 161, this Court has held that the report of the probation officer referred to in Sub-section (2) of Section 4 of the Probation Act is a condition precedent and, therefore, must be complied with by the trial courts and the high courts. Importantly, it has also been held that the courts may not be bound by such report. {Para 30}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2065 of 2025 

Decided On: 22.04.2025

Chellammal and Ors. Vs. State represented by the Inspector of Police 

Hon'ble Judges/Coram:

Dipankar Datta and Manmohan, JJ.

Author: Dipankar Datta, J.

Citation: 2025 INSC 540, MANU/SC/0538/2025.

Read full judgment here: Click here.

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