Whether accused can ask court to call report under probation of offender Act?
In the case of Dnyandeo Bhade (Supra), the benefit
of probation of Offenders Act was granted by Court without
calling for report. The Court feel that although it is mandatory to
call for report, calling such report, it would be futile exercise and
waste of judicial time to remand matter to trial Court for passing
appropriate order. The accused in that case were convicted under
Sections 325 and 341 read with 34 of IPC.
18 Such powers are required to be exercised when it is
expedient to release the person under the provisions of Probation
of Offender's Act. The Court has to look into the factual aspects of
the case, circumstances of the case including the nature of the
offence and the character of the offender and after considering
the said aspects, if the Court finds it is proper to exercise its
inherent powers under the provisions of the Probation of
Offender's Act, such a facility can be provided to the accused
after calling for report of probation of offenders Act. The
submission that it is mandatory to call for report, whenever
application is made for invoking provisions of said Act as a matter
of course and deIn the case of Dnyandeo Bhade (Supra), the benefit
of probation of Offenders Act was granted by Court without
calling for report. The Court feel that although it is mandatory to
call for report, calling such report, it would be futile exercise and
waste of judicial time to remand matter to trial Court for passing
appropriate order. The accused in that case were convicted under
Sections 325 and 341 read with 34 of IPC.
18 Such powers are required to be exercised when it is
expedient to release the person under the provisions of Probation
of Offender's Act. The Court has to look into the factual aspects of
the case, circumstances of the case including the nature of the
offence and the character of the offender and after considering
the said aspects, if the Court finds it is proper to exercise its
inherent powers under the provisions of the Probation of
Offender's Act, such a facility can be provided to the accused
after calling for report of probation of offenders Act. The
submission that it is mandatory to call for report, whenever
application is made for invoking provisions of said Act as a matter
of course and decide the application cannot be accepted. This
would lead to situation that every accused would prefer such
application and would insists upon calling for report of Probation
Officer. In the present case,such report was not warranted and
trial Court was not inclined to exercise the powers considering
the nature of crime committed by applicant accused. Such powers
cannot be exercised randomly in every case. The offences against
children who are vulnerable sections of society are anti social.
The Courts are required to exercise utmost caution in
interpreting provisions of Probation of Offenders Act. cide the application cannot be accepted. This
would lead to situation that every accused would prefer such
application and would insists upon calling for report of Probation
Officer. In the present case,such report was not warranted and
trial Court was not inclined to exercise the powers considering
the nature of crime committed by applicant accused. Such powers
cannot be exercised randomly in every case. The offences against
children who are vulnerable sections of society are anti social.
The Courts are required to exercise utmost caution in
interpreting provisions of Probation of Offenders Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.269 OF 2018
Nishant Harishchandra Salvi Vs. The State of Maharashtra
CORAM : PRAKASH D. NAIK, J.
DATED : JUNE 18, 2018.
