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Author Topic: is PO Act applicable for telegraph act  (Read 295 times)

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Offline diamondraj

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is PO Act applicable for telegraph act
« on: November 03, 2017, 01:36:15 PM »
I have been convicted under 20 and 20A r/w Sec 4 of Indian Telegraph act & 21 and 25 of Indian telegraph act, Sec 120B & Sec 420 for a period of 1 YEAR of Simple Imprisonment in city court, i have been appealed to Sessions court and the order is passed SAME AS IN LOWER COURT. I was Accused no.3, Accused No.1 is the MD of the company wherein he expired in the course of time, A2 is the company,
Thereafter case was split up, after that A2 company have accepted plea guilty and paid the fine amount n closed the case.

I was not allowed to pay the fine as both the judges did not accept

Now, My Question is WHETHER PO ACT IS APPLICABLE for this offence ? If so how to approach further ?



Offline kalaskarkk

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Re: is PO Act applicable for telegraph act
« Reply #1 on: February 04, 2018, 07:57:56 AM »
Dear Sir,

Normally the lower courts afraid of applying provisions of  PO Act. Approach High Court they may invoke its powers and apply the following two provisions and release on Probation. Nothing to worry.

3. Power of court to release certain offenders after admonition.—When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code, or any other law, and no previous conviction is proved against him 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 so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under 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 or 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 or 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.
(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 so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a 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.
(4) The court making a 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 a repetition of the same offence or a commission of other offences by the offender.
(5) The court making a 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.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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