Section 360 crpc

Querist : Anonymous (Querist) 19 November 2011 This query is : Resolved
Dear Experts,
Thanks for Valuable comments.
Further to my querry,

"What does the Court" as appearing in section 360 CrPC means ;

a) is it the original court awarding the sentecne i.e. trial court; or
b) Court of Sessions dismissing the Appeal.

2. Can an application be moved before the trial magistrate for release on probation of an accused (already on bail) pending his appeal before Court of Sessions, or, he has to wait his dismissal of appeal in which case he will be subjected to sentence and taken into custody immediately on pronouncement of order of dismissal, or, Can he move the application u/s 360 immediately after pronouncment of order of dismissal before the Court of Sessions.

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Guest (Expert) 19 November 2011
i have reproduced the relevant portion of 360(4)
An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its power of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the court by which the offender was convicted.

if you have move the accused has to admit the offence BEFORE JUDGMENT by filing admission petition

IF IT IS AFTER THE COVNICTION YOU CAN PLEA THE SAME. BUT THIS SECTION HAS LIMITED POWERS. KINDLY SEEK THE SECTIONS 3 & 4 OF PROBATION OF OFFENDERS ACT.