MD. MONIR ALAM versus STATE OF BIHAR

MD. MONIR ALAM versus STATE OF BIHAR

Considering the appellant's professional attainments and conduct post-conviction, it is justified to release him on probation under Section 4 of the Probation of Offenders Act, 1958.

Parties
Appellant: Md. Monir Alam; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
19 November 2009
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed; appellant to be released on probation under Section 4 of the Probation of Offenders Act, 1958.
Legal Topics
Probation of Offenders, Sentencing, Section 304 (part Ii) IPC, Section 323 IPC, Section 149 IPC
Criminal Law Probation of Offenders Sentencing Section 304 (part Ii) IPC Section 323 IPC Section 149 IPC

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Parties

Md. Monir Alam

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant should be released on probation under Section 4 of the Probation of Offenders Act, 1958
  2. 2 Whether the modification of conviction by the High Court was justified

Ratio Decidendi

Considering the appellant's professional attainments and conduct post-conviction, it is justified to release him on probation under Section 4 of the Probation of Offenders Act, 1958.

Court Disposition

Appeal dismissed; appellant to be released on probation under Section 4 of the Probation of Offenders Act, 1958.

Orders

  • Appellant shall be released on probation under Section 4 of the Probation of Offenders Act, 1958 on terms to be settled by the trial court.