Supreme Court · 2005 INSC 239 · Decided 29 April 2005
M.C.D. v. State of Delhi and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 239 · [2005] 3 S.C.R. 1010
- Case number
- CRIMINAL APPEAL No. 660/2005
- Decided
- 29 April 2005
- Bench
- ASHOK BHAN, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
Headnote
Probation of Offenders Act, 1958 : Section 4-Releasing of an accused on probation-Requirements for- C Report of Probationary Officer-If mandatory-Held, while extending the benefit, disc~etion of the court has to be exercised having regard to circumstances in which the crime was committed, the age, facts, accused, a builder, having been convicted by trial D court under Sections 332 and 461 of MCD Act and sentenced to six months' R.I. and not disclosing the fact of his previous conviction and sentence for similar offence, High Court was not right in extending the benefit to the accused
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