Due regard has to be given to the age, character, antecedents of the offender as well as the circumstances in which the offence was committed before the benefit of probation can be granted to the convict, Justice Manmohan said in a recent order.
"Benefit of Section 360 CrPC (which deals with order to release on probation of good conduct or after admonition) is to be given only after accused has been found guilty of having committed a crime.
"Section 360 CrPC requires that due regard has to be given to the age, character, antecedents of the offender and circumstances in which the offence was committed before benefit of probation can be granted to the convict. However, the convict does not necessarily have to be sick or old or infirm to avail the benefit," the HC added.
The court's remarks came while dismissing a revision petition filed by Surjeet Kaur and her son against a trial court judgment where the court had released an old woman on probation.
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