- (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. Section 4 (1) of the Probation of Offenders Act reads as follows:- 4. Power of court to release certain offenders on probation of good conduct- (1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, 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.
(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. Section 361 of the Code of Criminal Procedure provides that where in any case the Court could have dealt with the accused person under the provisions of the Probation of Offenders Act, but has not done so, it shall record in its judgment the special reasons for not having done so.;