TMI Blog2018 (12) TMI 1966X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n on 29.04.2016 the Appellant herein was found to be in possession of the said car which he had kept in courtyard of his house in Village Harsinghpur, PSHafeezpur, Hapur, UP with a fake number plate bearing HR-26 BS-7774. 4. In support of the case, prosecution examined as many as 17 witnesses. ASI Shailender Singh (PW12), has deposed before the trial court that on the basis of secret information, he along with members of police party apprehended Surender @ Goldy and accused Mohd. Afsar, with a swift dzire car without any number plate. On making inquiries, it transpired that the car was stolen property of E-FIR No. 10386 U/S. 379 PS NDLS. After preparing the kalandra (EX. PW12/A) the case property was deposited in PS NDLS and he intimated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vement in the present case along with his other associates. Thereafter he was arrested (Ex. PW15/A). He further stated that accused Desh Raj was also arrested in the present case on the same day after his confession about his involvement in the present case. Disclosure statement of accused persons were recorded (Ex. PW15/B, Ex. PW15/C respectively). Thereafter, both the accused Sunil and Desh Raj led the police party consisting of this witness, Ct Mahesh and SI Karan Singh to the spot and pointed out the spot (Ex. PW15/D). He further deposed before the trial court that on 29/04/2016 Dilshad @ Dilshan Ahmad after being interrogated was arrested from front of Sanjay Gandhi Transport Nagar, GT Karnal Road and his personal search was conducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Deshraj EX. PW16/A, his personal search memo EX. PW16/B, pointing out memo of accused Sunil EX. PW16/C. 8. SI Karan Singh (PW17) stated that on 28.04.2016 he was posted at Special Team, Crime Branch, Prashant Vihar as SI. On that day, investigation of this case was entrusted to him. He also corroborated the versions of PW15 and PW16 on the point of joining the investigation 28.04.2016 and 29.04.2016. 9. Based on the above evidence, Trial Court vide impugned order dated 22.05.2018 inter- alia held: In so far the accused Dilshad is concerned, it was later on at the instance of Dilshad, the Verna Car was recovered from his residence i.e. Village Harsinghpur, Hapur, U.P. It is further proved that the said car was bearing a number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 16. In Rattan Lal vs. State of Punjab AIR 1965 SC 444, the Supreme Court noted the philosophy behind the grant of probation:- The Act is a milestone in the progress of the modern liberal trend of reform in the field of penology. It is the result of the recognition of the doctrine that the object of criminal law is more to reform the individual offender than to punish him.. 17. 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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