Yes he can move application for the same in appeallate court now
Can petion under sec 360 for probation filed?
My friend is convicted for 120,b,420,467,471.sentence is to undergo 2 years iprisonment to run concurrently.it was on 26 the aug.metropolitan judge. Immediately suspended the sentence up to 23 rd sept.(with a surety)meanwhile he filed petition at district court under sec374(3)crpcr and389(1) crpc it is pending...next date at trial court is 23 rd sept...can he move a petition under 360 crpc for probation at the trial court?
Asked 6 years ago in Criminal Law
Religion: Hindu
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6 Answers
If 360 petition is allowed can he withdraw period in district court
Asked 6 years ago
Now the order has been delivered, trail court cannot turn it`s order, have to file revision before district to grant relief u/s 360CrpC.
Conviction is suspended for one month to grant you time to file appeal.
Your advocate should have pressed for suspension of sentence till pendency of appeal.
Yes he can make application in trail court for probation.
But if the appeal is pending before District court then he can make application in that case also.
360. Order to release on probation of good conduct or after admonition.
(1) When any person not under twenty- one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty- one years of age or any woman is- convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called
upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub- section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub- section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860 ), punishable with not more than two years' imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition.
(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 powers 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.
(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.
Few other clauses are also included in this section.
You may see that if your friend is coming under such a provision then you may advise him to file a petition under the said provision of law, let the court decide.
The trial court may first of all not entertain any such petition at this stage, so dont be in a hurry, let the trial court decide after that you can decide about further course of legal action on this.
Dear Sir,
It applies to any person found guilty of having committed an offence not punishable with death or imprisonment for life. Section 360 of the Code does not provide for any role for Probation Officers in assisting the Courts in relation to supervision and other matters while Probation Act does make such a provision
Probation is an alternative to a prison. It is suspension of sentence of an offender by the court and releasing him on certain conditions to live in the community with or without the supervision of a probation officer. The system was introduced in India in 1958 by passing the Central Probation Act.
