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...V.R Krishna Iyer, J.— In this case, the question of dealing with the appellant under Section 360 CrPC remains to be considered. For this purpose we had directed that a report be called...personal factors of the crime-doer are very relevant although in practice criminal courts have hardly paid attention to the social milieu or the personal circumstances of the offender. Even if Section 360 CrPC is...less than 21 years old. The offence, for which conviction has been rendered, is one which will be attracted by Section 360 or at any rate the Probation of Offenders Act, 1958. The materials before us...
...appellants raised the contention that the provisions of Section 360 CrPC have not at all been looked into and we, therefore, issued limited notice as to why the said provisions will not be attracted to the...facts and circumstances of the present case. The provisions of Section 360 CrPC are beneficial to the accused only when the accused is a first offender in case the accused is more than 21 years of age.... Section 361 of the Code of Criminal Procedure indicates that if the Court decided not to exercise its jurisdiction under Section 360, then it must record its reasons as to why the benefit of Section 360 ...
...parties. The occurrence is the outcome of a sudden flare up. I think, these five appellants namely Sukhbir Singh, Dhan Pal, Mannu, Siri Chand and Om Pal are entitled to benefit under Section 360 CrPC. Consequently...the High Court was justified in extending the benefit of Section 360 CrPC and releasing the accused on probation of good conduct; and (iii) whether the compensation awarded to Joginder could be legally...provision of law in support of the order of compensation. But that can be traced to Section 357 CrPC. Section 357, leaving aside the unnecessary, provides:“357. Order...
...section 360 CrPC released the accused persons on entering a bond of Rs. 3000/- each with one surety for a period of 3 years for the purpose of maintaining peace and good behaviour.
Though...provision of Section 19 of the Probation of Offenders Act, 1958 (for short the Act), section 360 CrPC is not applicable.
...in said section 360. Therefore the first point is answered accordingly and in other words no sentence need be imposed after conviction and before directing to execute a bond under this section.
5. Regardin...
...respondent could be awarded imprisonment up to 10 years. On this reasoning, his case for probation was clearly made out, be it under Section 360 CrPC or under Section 4 of the Probation Act. The Court of...Order1. This appeal by the State of Haryana would merit dismissal. The relief sought therein is to deny to the respondent the benefit of Section 360 of the Code of.... The Court then ordered his release on probation. It is not clear from the order, however, whether the release was under Section 360 of the Code of Criminal Procedure or under Section 4 of the Probation...
...to the facts and circumstances of the case, we are of the view that the appellants should have been dealt with under Section 360 CrPC. The ends of justice would be met by granting the benefit of the...appellants may be dealt with under Section 360 of the Code of Criminal Procedure, 1973. It is true that the appellants do not have antecedents of offender. Both of them are the first offenders. Having regard..., sentence of imprisonment awarded against them is set aside and the trial court is directed to deal with them under the provisions of Section 360 of the Code of Criminal Procedure, 1973....
...the aforesaid judgment and order dated 30-7-2010 giving him the benefit of the provisions of Section 360 of the Code of Criminal Procedure, 1973 (hereinafter called “CrPC”) and/or Section 4 of the...refusing to proceed further and refuse the party from pursuing the remedy in law.15. Even otherwise, the issue as to whether the benefit of the 1958 Act or Section 360 CrPC can...including the application of the provisions of Section 362 CrPC which puts a complete embargo on the criminal court to reconsider any case after delivery of the judgment as the court becomes functus...
...provisions of Section 360 CrPC or the provisions of the Probation of Offenders Act since he was below 21 years.3. Shri Sushil Kumar Jain, learned counsel for the appellant...Section 360 CrPC. This question would not have arisen before the trial court because the trial court convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life..., here we find that the appellant has inflicted an incised injury on the vital part of head with an axe. Therefore, we do not think that this is a fit case where Section 360 CrPC should be applied...
...compensation to the injured. Additionally, it is urged that the provisions of Section 360 CrPC may be invoked and while maintaining the conviction the accused may be released on probation of good...(one year's rigorous imprisonment) by the High Court being sufficiently lenient, in the facts of the present case, the provisions of neither Section 320 nor Section 360 CrPC ought...of Section 360 CrPC.8. For the aforesaid reasons, we find no merit in this appeal. Consequently, the same is dismissed and the order 2010 SCC OnLine All 1064...
...under the provisions of the Probation of Offenders Act and Section 360 CrPC. The appellate court, undoubtedly, committed error in coming to the conclusion that the relevant date for applicability of.... Since on the date of the commission of offence the appellant was below 18 years of age, he is entitled to the benefit of Section 20-AA of the Act read with Section 360 of the Criminal Procedure Code...1. The only question that arises for consideration in this appeal is: Whether in the facts and circumstances of the present case, the appellant would be entitled to the benefit of Section...
...under Sections 147 and 148 to be released on executing a bond to keep peace and be of good behaviour for a period of one year by invoking Section 360 CrPC. The appellant has already undergone about...S. Rajendra Babu, J.— Leave granted.2. On being convicted under Section 307 of the Indian Penal Code (for short “IPC”) and sentenced to undergo...rigorous imprisonment for a period of five years, the appellant preferred an appeal. The High Court held that the conviction of the appellant should be under Section 326 IPC and not Section 307 IPC and...
...“the Act”) and Section 360 CrPC ought to have been extended to the appellants. Accused 3 and 4 are women. They did not have any criminal record or previous conviction. Having regard to their age..., character and antecedents and the circumstances in which the offence was committed, it is expedient that they should be released on probation of good conduct under Section 360 of the Code of Criminal...punishable under Section 324 read with Section 34 IPC, and under Section 504 read with Section 34 IPC and sentenced to undergo simple imprisonment for three months and one month respectively, to run...
...the effect of the provisions of Section 360 of the Code of Criminal Procedure, 1973 (in short “CrPC”). Learned counsel for the respondent State on the other hand supported the judgment...the Juvenile Court.8. Section 360 CrPC reads as follows:“360. Order to release on probation of good conduct or after admonition.—(1) When...that the effect, relevance and applicability of Section 360 CrPC have not been considered by the courts below.10. In...
...proper to convict the accused under both the sections. Accordingly, the sentence and conviction in terms of Section 13(2) read with Section 13(1)(d) of the Act was set aside. Provisions of Section 360 of the Code o...court was not justified to convict both under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. Additionally, provisions of Section 360 CrPC are not applicable to offences under the Act...which is analogous to Section 161 of the Penal Code, 1860 (in short “IPC”) and, therefore, where the conviction is only under Section 7 of the Act, Section 360 CrPC was clearly applicable. Learned...
...opinion that the Respondent was a fit person to be dealt with under Section 360 CrPC. One of the reasons given by the Appellate Court to release the Respondent on probation was that the Respondent was...the High Court on the ground that the criminal court released the Respondent under probation in exercise of its power under Section 360 CrPC to enable the Respondent to continue in service. The High...investigation, charge sheet was filed against the Respondent. Thereafter, charge was framed under Section 307 IPC. After appreciation of the evidence on-record, the trial court found that the Respondent had no...
...provision of Section 360 CrPC.7. First and second appellant having been dissatisfied with the order of the Sessions Judge, preferred Criminal Appeal No. 381 of 1981 in the High...nature of offence and sentence. This has reference to the case of first appellant alone because the second appellant was given benefit of the provision of Section 360 CrPC and nothing is required to...Surinder Mohan Singh was reliable and is borne out by a part of the statement made by the first appellant Jawahar Lal under Section 313 CrPC. He however rejected that the first appellant caused injury...
...is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.”...probation under Section 360 CrPC, the learned Judge shall hear the accused on the question of sentence and then impose a sentence on him according to law. Therefore it is seen that Section 235 CrPC is...respects only when the sentence is imposed on the convict, if the convict is not given the benefit of Section 360 CrPC. Similarly, in a case where there are more than one accused and if one or more...
...learned Counsel for the accused appellant has contended that it is a fit case in which the benefits of Section 360, CrPC 1973...opposed the extension of the benefits of the provisions of Section 360, CrPC read with Section 6 of the Probation of...1. This is an appeal against the judgment of the learned Sessions Judge, Sawai Madhopur dated 28th February, 1978. The accused was tried for an offence under, Section, 307 IPC, but was...
...Probation of Offenders Act, 1958 or Section 360 CrPC shall apply to a person convicted of an offence under the Act unless that person is under 18 years of age. The petitioner is...admittedly more than 18 years of age. Therefore, the Probation of Offenders Act, 1958 or that of Section 360 CrPC relating to release on probation of good conduct are not...appeal against the order dated 10.2.2005 passed by the learned Chief Judicial Magistrate, Hisar has been dismissed and his conviction and sentence for the offence under Section 16(1)(a)(i) of the...
...Section 360 CrPC. Reliance was placed on the judgment delivered by Hon'ble Apex Court in the case of Harivallabha and Another Versus State of M.P. reported in (2005) 10 Supreme...perused the relevant material on record. Looking to the facts and circumstances of the case, I am of the considered view that appellant deserves benefit under Section 360 CrPC. Accordingly, this appeal...Section 360 CrPC. The bonds, as mentioned above, will be furnished by the appellant within a period of three months from the date of receipt of copy of this judgment, failing which the Trial Court shall...