Manual issued by the High Court in Chapter XI paragraph 4
has given guidelines under the Probation of Offenders Act
as under :-
“4. The Act lays down three
distinctive methods of treatment for different
classes of offenders :-
(a) Section 3 deals exclusively
with first offenders, who are convicted of an
offence punishable with not more than two
years' imprisonment. It provides for release
of such offenders after due admonition. This
method of treatment is likely to be effective
only for a small number of offenders, as it
provides neither for bonds nor sureties and
merely sends the offender back, without any
constructive help, to live in the same
conditions, in which he lived when he
committed the offence.
(b) Section 4 (1) provides for
release on probation. It lays down that the
offender should enter into a bond and he may
also be required to give sureties. It would
normally be advisable to take sureties in
addition to personal bonds, as sureties are
themselves a guarantee of some efforts
towards reform and a safeguard against the
offender removing himself outside the
jurisdiction of the Court and breaking the
conditions of the bond entered into by him.
(c) Section 4 (2) provides for
release under the supervision of a Probation
Officer. This is the most constructive type of
treatment. Experience has proved that
offenders are far more likely to make good,
when placed under the guidance of a
Probation Officer. It is, therefore, advisable
that even in the case of first offenders, they
should be dealt with under Section 4(2) in
preference to discharge after admonition
under Section 3.
(d) Under Section 4(3), the
Court has power, while making a supervision
order, to direct additional conditions to be
inserted in the bond to be entered into by the
offender under Section 4(1), and in doing so
the Court must have regard to the particular
circumstances of each individual case.
The terms and conditions of the
supervision order shall be explained to the
offenders and one copy of the supervision
order shall be furnished forthwith to each of
the offenders, the sureties, if any, and the
Probation Officer concerned. The form of
jurisdiction of the Court and breaking the
conditions of the bond entered into by him.
(c) Section 4 (2) provides for
release under the supervision of a Probation
Officer. This is the most constructive type of
treatment. Experience has proved that
offenders are far more likely to make good,
when placed under the guidance of a
Probation Officer. It is, therefore, advisable
that even in the case of first offenders, they
should be dealt with under Section 4(2) in
preference to discharge after admonition
under Section 3.
(d) Under Section 4(3), the
Court has power, while making a supervision
order, to direct additional conditions to be
inserted in the bond to be entered into by the
offender under Section 4(1), and in doing so
the Court must have regard to the particular
circumstances of each individual case.
The terms and conditions of the
supervision order shall be explained to the
offenders and one copy of the supervision
order shall be furnished forthwith to each of
the offenders, the sureties, if any, and the
Probation Officer concerned. The form of
supervision order has been prescribed under
the Rules made under the Act.
(e) In suitable cases, the
offender may be directed under Section 5 to
pay compensation and cost of proceedings to
the person to whom loss or injury has been
caused.
(f) During the period of his
probation, the offender has to keep away
from crime and maintain good behaviour. If
he fails to do so, he may be sentenced for the
offence of which he was convicted, or on such
first time failure, a penalty of fine not
exceeding fifty rupees may be imposed upon
him under Section 9 (3) of the Act.
(g) According to the mandatory
provision of Section 6, when any person
under 21 years of age is found guilty of an
offence punishable with imprisonment (not
for life), before passing any order of sentence
of imprisonment, the Court shall call for a
report from the District Probation Officer,
consider such report, if any, and then record
its reasons and pass such order to sentence
of imprisonment (except for life), as it deems
fit in the circumstances of the case.”
the Rules made under the Act.
(e) In suitable cases, the
offender may be directed under Section 5 to
pay compensation and cost of proceedings to
the person to whom loss or injury has been
caused.
(f) During the period of his
probation, the offender has to keep away
from crime and maintain good behaviour. If
he fails to do so, he may be sentenced for the
offence of which he was convicted, or on such
first time failure, a penalty of fine not
exceeding fifty rupees may be imposed upon
him under Section 9 (3) of the Act.
(g) According to the mandatory
provision of Section 6, when any person
under 21 years of age is found guilty of an
offence punishable with imprisonment (not
for life), before passing any order of sentence
of imprisonment, the Court shall call for a
report from the District Probation Officer,
consider such report, if any, and then record
its reasons and pass such order to sentence
of imprisonment (except for life), as it deems
fit in the circumstances of the case.”
33] Keeping in view these guidelines as well as the
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
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
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 596 OF 2011
Bapu Vithalrao Jadhav, Vs State of Maharashtra,
CORAM : S.S. SHINDE &
A.I.S.CHEEMA, JJ.
Pronounced on: 22.09.2015
Citation: 2016 ALLMR(CRI)2107
