VIJAY RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner not pressed this revision so far it relates to judgment of conviction and confined it to the order of sentence passed by the learned trial Court. It is submitted that learned trial Court has not assigned any special reason for not giving benefit of Section 4 of the Probation of Offenders Act. As per the Section 361 of the Code of Criminal Procedure, learned trial Court is required to assign special reason.

(2.) Learned APP, after going through the impugned judgment of both the courts below, has not controverted the aforesaid submissions.

(3.) Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. Thus, Section 4(1) of the Probation of Offenders Act provides that if a person is guilty of an offence not punishable with death or imprisonment for life, then the court may instead of sentencing him released him on execution of a bond, with or without sureties, for keeping peace and good behaviour for a certain period.