Oral order disposing a criminal appeal where appellants sought relief that execution of a bond under Section 4(1) of the Probation of Offenders Act was not a disqualification under Section 12.
The Memo of Appeal was disposed without elaboration on the merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2714 of 2019
Arising Out of PS. Case No.-69 Year-2015 Thana- MOHAMMADPUR District- Gopalganj
======================================================
... ... Appellants
Versus
The State of Bihar
... ... Respondents
====================================================== Appearance : For the Appellant/s : Mr. Jitendra Kumar Singh For the Respondent/s : Mr. Zeyaul Hoda ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
5 24-09-2019
learned A.P.P.
Though, the appellants, namely, Akhileshwar Mishra, Surendra Mishra and Vishwa Mitra Mishra have been let off giving privilege under section 4(1) of the Probation of Offenders Act instead of having any kind of substantial sentence against them for the offences punishable under sections 341, 323, 324, 504/34 I.P.C., whereunder they all have been found guilty by the Addl. Sessions Judge 8th , Gopalganj in S.Tr.No. 590/2016, seek indulgence of the Court on the score that the execution of bond in accordance with Section 4(1) of the Probation of Offenders Act should not be considered a disqualification in terms of
Patna High Court CR. APP (SJ) No.2714 of 2019(5) dt.24-09-2019 2/2
Section 12 of the Probation of Offenders Act which is acceded in the terms and conditions so enumerated under section 12 of the Probation of Offenders Act. In terms thereof, the instant Memo of Appeal is disposed of.
(Aditya Kumar Trivedi, J)
Surendra/-
U
1 issue framed by the court
Whether execution of bond under Section 4(1) of the Probation of Offenders Act constitutes disqualification under Section 12 of the same Act
3 provisions across 2 enactments
Vishwa Mitra Mishra, Akhileshwar Mishra, Surendra Mishra
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
