Release of an accused on probation

Querist : Anonymous (Querist) 29 May 2011 This query is : Resolved
Sir,
In an scooter accident case occured in Delhi, the court of MM after entertaining the plea bargaining case under 265-B cr.PC has finally conveyed that the accused would be release on probation. This case was registered u/s 279/304-A IPC. Now, the court summons the Probation Officer with his report. Please clarify the following:-
1. Whether any civil case is pending in any court in that circumstances the accused can be denied probation by the court.
2. If the concerned court denied probation to the accused in that situation, what course of legal remedy would be left for the accused person.

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adv. rajeev ( rajoo ) (Expert) 29 May 2011
Civil case is no way concerned with the criminal case.
No remedy.

Arvind Singh Chauhan (Expert) 29 May 2011
I do agree with Rajeev Sir.

G.Sundara Rajan (Expert) 30 May 2011
Pedency of civil case cannot affect your probation and that is not a ground for denial of probation.

Since the court has initially granted probation, it would have been done with reasons. It can be denied later only if there are serious charges or a repetition of the offence.

In case there is none, you can approach the High Court for seeking a relief.

M/s. Y-not legal services (Expert) 31 May 2011
Yes. A pending civil dispute can not be merged with criminal case

lingraj maradi (Expert) 02 June 2011
sir,

firstly pendancy of civil case no reason to deny your probation application.

second if the offense u/s 304(A)you get benfit of the probation of offenders Act 3 and 4 because SC clearly held that if any death in accident then you cannot get the benfit.

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