provisions of the Probation of Offenders Act, being major is
not a disqualification for consideration under the Probation
of Offenders Act. If the person has not been found guilty of
the offence punishable with death or imprisonment for life,
the provisions of the Act need to be considered, specially
when the accused is first time offender. The facts of the
case, social background and personal factors of the
accused are relevant. Under the proviso to Sub Section 1
of Section 4 of the Probation of Offenders Act, the Court is
required to ascertain whether the accused has a fixed place
of abode or regular occupation. Sub Section 2 of Section 4
lays down that the Court “shall” take into consideration the
report, if any, of the probation officer concerned in relation
to the case. Thus, calling of the report of probation officer is
necessary while considering the provisions of the Probation
of Offenders Act, 1958. In the present matter, the judgment
of the trial Court does not show that it called for the report
of probation officer.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 596 OF 2011
Bapu s/o. Vithalrao Jadhav,
VERSUS
State of Maharashtra,
CORAM : S.S. SHINDE &
A.I.S.CHEEMA, JJ.
Pronounced on: 22.09.2015
Citation: 2016 ALLMR(CRI)2107
