S
Sahaj Vidhi
Rajasthan Judicial pre 2018

A Court after holding trial, convicts and grants benefit of Probation of Offenders Act, 1958 to an accused. Which of the following orders is Impermissible in law:

Verified Answer
A. Admonish the offender
B. Direct under Section 12 of the Act that the conviction shall not have an adverse effect on his service
C. Direct the offender to pay compensation and cost
D. Direct the offender to furnish bail and bonds to keep peace and good behaviour for three years

Explanation:

Section 4(1) of the Probation of Offenders Act, 1958, allows a court to release an offender on their entering into a bond, with or without sureties, to keep the peace and be of good behaviour for a period not exceeding three years. While a bond is permissible, the term 'bail' is typically associated with release from custody pending trial or appeal, not directly with a probation order for good behaviour. Therefore, directing the offender to furnish 'bail' in this context might be considered legally imprecise or impermissible, as probation involves a 'bond' for good conduct rather than 'bail'.