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Section 9 – The Probation of Offenders Act,1958

The Probation of Offenders Act,1958

Section 9. Procedure in case of offender failing to observe conditions of bond

(1) If the court which passes an order under Section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summon to him and his sureties, if any, requiring him or them to attend before it at such time as may he specified in the summons.

(2) The court before which an offender is so brought or appears may either remand him to custody until the case is concluded or it may grant him bail, with or without surety, to appear on the date, which it may fix for hearing.

(3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith-

(a) Sentence him for the original offence; or

(b) Where the failure is for the first time, then without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty rupees.

(4) If a penalty imposed under Clause (b) of sub-section (3) is not paid within such period as the court may fix, the court may sentence the offender for the original offence.

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The Probation of Offenders Act,1958

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