Himachal Pradesh High Court
CIVIL APPEAL 67 of 2011 on 30 December 2016
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Conclusion
30.12.2016
Present:
Mr. Anil Thakur, Proxy Counsel, for the petitioner.
Mr. P.M. Negi, Additional Advocate General with Mr. Ramesh Thakur, Deputy Advocate General, for the respondent-State.
Pursuant to the judgment dated 25.10.2016, passed by this Court, the District Welfare-cum-Probation Officer, Sundarnagar, District Mandi, HP, has submitted his report dated 28.11.2016, which is taken on record.
Perusal of the report suggests that the petitioner-accused namely Kalia Ram alias Kalu is first offender and he is not involved in any other criminal case, as has been reported by the aforesaid officer.
In view of the report (supra), whereby the recommendation has been made to release the petitioner-accused on probation, this Court deems it fit to grant him the benefit of Section 4 of the Probation of Offenders Act, 1958 (In short “the Act”).
Accordingly, the petitioner-accused is ordered to be released in terms of the Section 4 of the Act, subject to his furnishing bonds in terms of Sections 4 (3) & (4) of the Act before the learned trial Court within four weeks from the passing of this order. Needless to say that accused will abide by the terms and conditions of the bond in its letter and spirit, failing which, respondent-state is always at liberty to approach the appropriate court of law to make the beneficiary of the act i.e. accused person, to serve the sentence as imposed by the court below and further upheld by this Court. Record be sent forthwith along with the copy of the judgment and order.
Copy dasti.
30[th] December, 2016
manjit
(Sandeep Sharma),Judge