2018 (12) TMI 1966 - HC - Indian Laws
Robbery - white colour Hundai Verna Car - cash - corroboration of facts - It is contended that Appellant has financial stringency - HELD THAT:- Court has to consider the circumstances of the case, nature of offence and character of the offender while exercising the power which is discretionary. Powers under Section 4 of the Probation of Offenders Act vest with the Court when any person is found guilty of the offence committed, not punishable with death or imprisonment for life. This power can be exercised by the Court even at appellate or Revisional stage.
Though the Appellant has been convicted under Sections 411 and 482 of the IPC but in the facts and circumstances of the present case and after considering the nature of the offence, the character of the offender, the report of the Probationary Officer, the Appellant herein leading a disciplined life on the reformed path and the Appellant having a fixed place of abode, this is a fit case for extending the benefit of Section 4 of Probation of Offenders Act to the Appellant.
While confirming the conviction of appellant under Section 411 and 482 of IPC, it is directed that he be released on probation on entering into a bond, within a period of two weeks from today, in the sum of Rs. 10,000/- with one surety of like amount, before the concerned trial Court, for keeping peace and good behaviour for a period of one year. In case Appellant does not maintain good conduct during the period of probation then he shall be liable to undergo the substantive sentence as awarded by the Trial Court - Appeal disposed off.