Probation of offenders act

basavaraj shiromani (Querist) 16 April 2014 This query is : Resolved
Mr. A was convicted by the District court for 3 years. High Court reduced the sentence in to 3 months U/s 34 of IPC. Supreme court confirm the order of the High court.

what option left to the convicted to claim his release under probation of offenders act as he is first offender.

whether application is to be filed before teh executing court or before the High Court which reduced the sentence for 3 months instead of 3 years.

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Dr J C Vashista (Expert) 17 April 2014
The application for probation was required to be moved before HC, which has already granted the benefit to convict, now the stage is over.

Rajendra K Goyal (Expert) 17 April 2014
Agree with the expert Dr J C Vashista ji.

T. Kalaiselvan, Advocate (Expert) 17 April 2014
I too agree with the views expressed by learned expert Dr. Vashista on the subject issue.

venkatesh Rao (Expert) 16 October 2014
It is mandate upon the court to invoke the provisions of the P.O.Act for first offenders. Application is a rule and denial is an exception. Under the peculiar circumstances of the case, the trial court has to be moved and in my opinion, limitation act has no role to play.

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