Whether it is mandatory to obtain report of probation officer before releasing accused on probation?

 Another error is that the order quoted hereinabove has been passed in violation of the provisions of Section 4 of the Act which mandates that before releasing any offender on probation of good conduct, the Court must obtain a report from the Probation Officer and can then order his release on his entering bonds with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, or as the Court may direct, and in the meantime to keep peace and good behaviour. The proviso to Sub-section (1) of Section 4 clearly provides that Court cannot order release of such an offender unless it is satisfied that the offender or his surety has a fixed place of abode or regular occupation in the place over which the Court can exercise jurisdiction. Sub-section (2) lays down that before making any order Under Sub-section (1), the Court shall take into consideration the report of the Probation Officer. This Court in a number of judgments has held that before passing an order of probation, it is essential to obtain the report of the Probation Officer concerned. Reference in this behalf may be made to M.C.D. v. State of Delhi and Anr. MANU/SC/0376/2005 : AIR 2005 SC 2658.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 410 of 2011

Decided On: 04.11.2019

State of Madhya Pradesh  Vs. Man Singh

Hon'ble Judges/Coram:

Deepak Gupta and Aniruddha Bose, JJ.

Print Page

Whether court can postpone deciding application for releasing juvenile on bail on ground that report of probation officer is not received?

When a specific question was posed as to why a direction is required
in a case where bail is mandatory under Section 12 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 (hereinafter referred to as ?the
Act?), the learned counsel for the petitioner submitted that the bail
application of the juvenile is not being considered on the same day of
appearance, as the Juvenile Justice Board wants the report of the Probation
Officer before the grant of bail and that compels the minor to stay in
Observation Home which the petitioner wants to avoid. Under such
circumstances, this application for direction is taken up.
Section 12 of the Act does not contemplate obtaining of report of
the Probation Officer before the grant of bail. If the Juvenile Justice Board
is not granting bail, the alterative option open to the Juvenile Justice
Board is to place the Juvenile under the supervision of a Probation Officer.
        6.Bail can be refused under the proviso to Section 12 of the Act, only
if the release is likely to bring the juvenile into the association with any
known criminal or expose him to moral, physical or psychological danger or
that his release would defeat the ends of justice.  In other circumstances,
so far juveniles are concerned, grant of bail is the rule and non grant of
bail is only an exception.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 09.08.2016  

CORAM   
THE HONOURABLE DR.JUSTICE S.VIMALA          

Crl.O.P.(MD).No.14115 of 2016 

Vigneshwaran @ Vignesh Ram    


-Vs-

State rep. by
The Inspector of Police,

Print Page

When minor child accused of offence under POCSO Act can be released on bail?

In the case in hand the report of the probation officer says that the
applicant is a student of class X; that he is average at studies; that his
conduct is good; that he takes interest in constructive cultural activities; that
he has realised his guilt and is repentant for the same; that there is
improvement in his attitude and that looking to his overall interest, one
chance is required to be given to him. The report nowhere says that if the
applicant is released on bail, he would come into association with any known
criminal or it would expose him to moral, physical or psychological danger or
would it defeat the ends of justice.
Thus considering the facts and circumstances of the case and the
report of the Probation Officer, present revision is allowed. Orders impugned
are hereby set aside. Applicant is directed to be released on bail on his
guardian or parents furnishing a bond in the sum of Rs. 10,000 with one
surety for the like sum to the satisfaction of the concerned Juvenile Justice
Board and also on filing an affidavit by him/her before the said Board to the
effect that:
(i) he shall be responsible for well-being of his son/the applicant,
(ii) he shall ensure that the applicant continues his studies and does not
fall into bad company, and
(iii) he shall report to the concerned Juvenile Justice Board on 28.3.2016
and thereafter once in two months on the dates fixed by the Board
regarding the progress made by his son/the applicant, till the applicant
attains/completes the age of 18 years.
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 814 of 2015

Kamesh Kumar Rambharosha Sahu Vs  State of Chhattisgarh 

Coram:
 Pritinker Diwaker, J
Dated: 11/01/2016
Citation:2016 CRLJ(NOC)134

Print Page