Probation of Offenders Act, 1958
Section 4—Benefit of probation—Whether can be allowed to an accused who is above 21 years of age—Accused-appellants convicted under Section 307 & 323 read with Section 34 of IPC—Main object of sentencing a convicted person is to bring in him certain character reformation and to keep him away from the society so as to see that the impact of his criminal character does not put any adverse impact on any other person—After conviction of accused- appellants, their sentence was suspended and they were released on bail—Since after their release on bail, they are living in the society peacefully without there being any criminal antecedents to their discredit—There is no bar under law to extend the benefit of probation to convict of above 21 years age—Benefit of probation extended to appellants under Section 4 of the Act.
[Paras 9 & 16]
Decision : Appeal allowed in part