Section Section 4
, release him after due admonition. Explanation.-For the purposes of this sectio
section 4, release him after due admonition. Explanation.-For the purposes of this section, previous conviction against a person shall include any previous order made against him under this section Or section 4_ 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 O 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: 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 O 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.
The words except the State of Jammu and Kashmir"' omitted by Act 34 of 2019, 95 and the Fifth Schedule (w.e.f. 31-10-2019). 2. Extended to the Union territory of Pondicherry Act 26 of 1968, s. 3 and Schedule and Madras (1-11-1962) vide Home Deptt: No. Goms No. 3698, dated 2"d November 1962 and this Act has been extended to Go, Daman and Diu by Reg: 11 of 1963, 3 and Schedule (w.e.f: 1-2-1964). 3_ Now see Code of Criminal Procedure, 1973 (2 of 1974)
2
(2) Before making any order under sub-section (1), the court shall take into consideration the report; if any, of the probation officer concerned in relation to the case_ (3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient $0 to do, in addition pass a supervision order directing that the offender shall remain under the supervision of probation officer named in the order during such period, not being less than one year; as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender: The court making supervision order under sub-section (3) shall require the offender; before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants Or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing repetition of the same offence Or a commission of other offences by the offender: (5) The court making supervision order under sub-section (3) shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned 5_ Power of court to require released offenders to pay compensation and costs. The court directing the release of an offender under
Roop's Law Assist