To provide for the release on probation of offenders in
certain cases WHEREAS it is expedient to provide for the release on probation
of offenders in certain cases and for matters incidental thereto;
Now, THREFORE, in pursuance of the Proclamation of the
seventh day October, 1958, and in exercise of all powers enabling him in that
behalf, the President is pleased to made and promulgate the following
Ordinance: -
- Short
title, extent and commencement –(1) This Ordinance may be called the
probation of Offenders Ordinance, 1960.
(2) It extends to the whole of
Pakistan.
(3) It
shall come into force on such date or dates is the Central Government may by
notification in the official Gazette, appoint, and different dates may be
appointed for different area.
- Definition
– In this Ordinance unless there is any thing repugnant in the subject or
contest: -
(a) “Code”
means the Code of Criminal Procedure, 1898
(Act V of 1898);
(b) “Court”
means a Court empowered to exercise powers under this Ordinance;
(c) “Officer-in-charge”
means the head of the probation Department;
(d) “Probation
Officer” means a person appointed as such under section12;
(e) “Probation
order” means an order made under section 5;
(f) “Probation
Department” means the department responsible for the administration of this
Ordinance;
(g) all
other words and expression used but not defined in this Ordinance and defined
in the Code shall have the same meaning
as assigned to them in the Code.
3.
Courts empowered under the Ordinance- (1) The following courts shall be
the courts empowered to exercise powers under this Ordinance, namely:-
(a) a
High Court:
(b) a
Court of Sessions:
(c) a
District Magistrate:
(d) a
Sub-Divisional Magistrate:
(e) a
Magistrate of the Ist Class: and
(f) any
other magistrate specially empowered in this behalf
L (iv) 20-1
(2) A
Court may exercise powers under this Ordinance, whether the case comes before
it for original hearing or on appeal or in revision.
(3) Where
any offender is convicted by a Magistrate not empowered to exercise powers
under the Ordinance and such magistrate is of opinion that the powers conferred
by section 4 or section 5 should be exercised, he shall record his opinion to
that effect and submit the proceedings to a Magistrate of the 1st
Class or a Sub-Divisional Magistrate forwarding the offender to him, or taking
bail for appearance before him, and such Magistrate may thereupon pass such
sentence or make such order as he might have passed or made if the case had
original been heard by him, i.e. thinks further inquiry or addition evidence on
any point to be necessary, he may make such inquiry or take such evidence
himself or direct such inquiry or evidence to be made or taken.
4.
Conditional discharges, etc, - (1) Where a court by which a person, not
proved to have been previously convicted is convicted offence punishable with
imprisonment for not more than two year is of opinion, having regard to: -
(a) The
age, character, antecedents or physical or mental condition of the offender,
and
(b) The
nature of the offence or any extenuating circumstances attending the commission
of the offences:
That it is inexpedient to inflict
punishment and that a probation order is not appropriate, the court may, after
recording its reasons in writing, make an order discharging him after due
admonition, or, if the court think fit, it may likewise make an order
discharging him subject to the condition that he enters into a hand, with or
without sureties, for committing no offence and being of good behaviour during
such period not exceeding one year from the date of order as may be specified
therein.
(2) An
order discharging a person subject to such condition as aforesaid is hereafter
in this hereafter in this Ordinance referred to as “an order for conditional
discharge”.
(3) Before
making an order for conditional discharge, the court shall explain to the
offender in ordinary language that if he commits any offence or does not remain
of good behaviour during the period of conditional discharge he will be liable
to be sentenced for the original offence,
(4) Where
a person conditionally discharged under this section is sentence for the
offence in respect of which the order for conditional discharge was made, that
order should cease to have effect.
5.
Power of court to make a probation order in certain cases –(1)
Where a court by which-
(a) Any
male person is convicted of an offence not being an offence under Chapter VI or
Chapter VII of the Pakistan Panal Code (Act XLV of 1860), or under section
216A, 328, 386,387,388,389,392,393,397,398,399,401,402,455 or 458 of that Code
or an offence punishable with death or transportation for life, or
(b) Any
female person is convicted of any offence other than an offence punishable with
death.
Is of opinion that, having regard to
the circumstances including the nature of the offence and the character of the
offender, it is expedient to do so. The court may, for reasons to be recorded
in writing, instead of sentencing the person at once, make a probation order,
that is to say an order requiring him or her to be under the supervision of a
probation officer for such period, not being less than on year or more than
three years, as may be specified in the order;
Provided that the court shall not
pass a probation order unless the offender enters into a bond, with or without
sureties, to commit no offence and to keep the peace and be of good behaviour
during the period of the bond and to appear and receive sentence if called upon
to do so during that period;
Provided further that the court shall
not pass a probation order under this section unless it is satisfied that the
offender or on of his sureties, if any, has a fixed space of abode or a regular
occupation within the local limits of its jurisdiction and is likely to
continue in such place of abode or such occupation, during the period of the
bond.
(2) While
making a probation order, the court may also direct that the bond shall contain
such conditions as in the opinion of the court may be necessary for securing
supervision of the offender by the probation officer and also such additional
conditions with respect to residence, environment, abstention for intoxicants
and an other matter which the court may, having regard to the particular
circumstances of the case consider necessary for preventing a repetition of the
same offence or a commission of other offences by the offender and for
rehabilitating him as an honest, industrious and law-abiding citizen.
(3) When
and offender is sentenced for the offence in respect of which a probation order
was made. That probation order shall case to have effect.
6. Order for payment of cost and
compensation –
(1) A
court directing the discharge of an offender under section 4 or making a
probation order under section 5 may order the offender to pay such compensation
or damages for loss or injury caused to an person by thee offence and such cost
of the proceeding as the court thinks reasonable;
Provided that the amount of compensation,
damages and cost so awarded shall in no case exceed the amount of the fine,
which the court might have imposed in respect of the offence.
(2) At
the time of awarding compensation or damages in any subsequent civil suit or
proceeding relating to the same offence, the court hearing such suit or
proceeding shall take into a account any sum paid or recovered compensation,
damages or costs under sub-section (1)
(3) The
amount ordered is to be paid under sub-section (1) may be recovered as fine accordance
with the provisions of section, 386 and 387 of the Code.
7.
Failure to observe conditions of the bond- (1) If the court by
which an offender is bound a bond under section 5 has reason to believe that
the offender has failed to observe any, of his bond, it may issue a warrant for
his arrest or may, if it thinks fit, issue summons to the offender and his sureties, if any
requiring them to appear before it at such time as may be specified in the
summons.
(2) The
court before which an offender is brought or appears under sub-section (1) may
either remained him to judicial custody until the case in heard or admit him to
bail, with or without sureties, to appear on the date of hearing.
(3) If
the court, after hearing the case, is satisfied that the offender has failed to
observe any of the conditions of his bond, including any condition which may
have been imposed under sub-section (2) of section 5, it may forthwith-
(a)
Sentence him for the original offence, or
(b)
Without upon him a fine not exceeding one thousand
rupees:
Provide that the
court imposing the fine shall take into account the amount of compensation,
damages or costs ordered is to be paid under section 6.
(4) If
a fine imposed under clause (b) of subsection (3) is not paid with such period
as the court may fix, the court may sentence the offender for the original
offence.
8.
Powers of court in appeal and revision – Where an appeal or
application for revision is made against conviction of an offence for which an
order is made under section 4 or section 5 discharging the offender absolutely
or conditionally or placing him on probation the appellate court or the court
sitting in revision may pass such order as it could have passed under the Code,
or may set a side or amend the order made under section 4 or section 5 and in
lieu thereof pass sentence authorized by
law:
Provided that the appellate
court of the court sitting in revision shall not impose a greater punishment
than the punishment, which might have been imposed by the court, which
convicted the offender.
9.
Provisions of the Code apply to sureties and bond – The
Provisions of section 122, 406A, 514A, 514B, and 515 of the Code shall, so far
as may be, apply in the case of sureties and bonds taken under this Ordinance.
10.
Variation of conditions of probation – (1) The court by which a
probation order is made under section 5 may at any time, on the application of
the person under probationer of the probation officer or of its own motion, if
it thinks it expedient to very the bond taken under that section, summon the
person under probation to appear before it, and after giving him a reasonable
opportunity of showing cause why the bond should not be varied, vary the bond
by extending or reducing the duration thereof or by altering any other of its
terms conditions or by inserting additional conditions therein:
Provided that in no case
shall duration of the bond be less than one year or more than three years from
the date of the original order.
Provided further that where
the bound is with surely or sureties, no variation shall be made in the bond
without the consent of the survey or sureties, and if the surety of sureties do
not consent to be variation, the court shall require the person under probation
to execute a fresh bond, with or without sureties;
(2) Any such court as aforesaid
may, on the application of any person under probation or of the probation
officer or of its own motion if satisfied that the conduct of the person under
probation has been satisfactory as to render it unnecessary to keep him under
supervision, discharge the probation order and the bond.
11.
Effects of discharge and
probation – (1) A conviction of an offence, the which an order is made
under section 4 or section 5 for discharging the offender after the due
admotion or conditionally, or placing him on probation, shall be deemed not to
be a conviction for any purpose other than the purposes of the proceedings in
which the order is made and of any subsequent proceedings which may be taken
against the offender under the provisions of this ordinance;
Provided that where an offender,
being not less than eighteen years of age at the time of his conviction of an
offence for which an order discharging him conditionally or placing him on
probation is made, subsequently sentence under this ordinance for that offence,
the provisions of this sub-section shall case to apply to the conviction.
(2) Without
prejudice to the foregoing provisions of this section the conviction of an
offender who is discharged after due admission or conditionally, or who is
placed on probation, shall in any event be disregarded for the purposes of any
law which imposes any disqualification or disability upon convicted persons, or
authorizes or requires the imposition of any such disqualification of
disability.
(3) The
foregoing provisions of this section shall not affect:-
(a)
Any right of any such offender to appeal against his
conviction, or to rely thereon in bar of any subsequent proceedings for the
same offence;
(b)
The revesting or restoration of any property in
consequence of the conviction of any such offender.
12.
Appointment of probation officers - (1) A probation officer referred to in a probation
order may be any person appointed to be probation officer by the
officer-in-charge.
(2) A
probation officer referred to in sub-section (1) shall be a person who has
possess such qualifications as may be prescribed by rules made in this behalf
under this Ordinance.
(3) A
probation officer, in the exercise of his duties under any probation order,
shall be subject to the control of the Officer-Incharge.
13. Duties of a probation officer –
A probation officer shall, subject to the rule made under this Ordinance: -
(a) Visit
or receive visits from the offender at such reasonable intervals as may be
specified in the probation order of subject thereto, as the officer-in-charge
may think it.
(b) See
that the offender observes the conditions of the bond executed under section5;
(c) Report
to the Officer-in-charge as to the behaviour of the offender;
(d) Advise,
assist and be friend the offender and when necessary endeavor to find him
suitable employment; and
(e) Perform
any other duty, which may be prescribed by the rules made under this Ordinance.
14. Power to make rules – (1)
The Central Government may try notification in the official
Gazette make rules for the purpose of carrying into effect the
Provisions of the Ordinance.
(2) In Particular and without
prejudlee to the generality of the foregoing provision,
The Central Government
may make rules:-
(a) Regulating
the appointment resignation and removal of probation officers and prescribing
the qualification of such officers;
(b) Prescribing
and regulating the duties of probation officers and
(c) Regulating
the remuneration payable to payable to probation officers.
15. Delegation of powers to Provincial
Government – The Central Government may by notification in the official
Gazette. Delegate to a provincial Government all or any of the powers and
functions conferred by this Ordinance on the Central Government.
16. Repeat of sections 380 and
562 – 564 of the Code – Section 380,562,563, and 564 of the Code are hereby repealed.
17. Provisions of this Ordinance to be in
addition to and not in derogation of certain laces -
The provisions of this Ordinance shall be in
addition to and not in derogation of the Reformatory Schools Act, 1897 (VIII of 1987), the Bengal Children Act, 1922
(Ben Act II of 1922), the Punjab Borstal Act, 1926 (Pun, Act XI of 1926, the
Bengal Borstal Schools Act, 1928 (Ben.
Act. I of 1928), the Punjab Children
Act, 1952 (Pun. Act VI of 1953), the Punjab Youthful Offenders Act, 1952 (Pun.
Act XIV of 1953), and the Sindh Children Act. 1955 (Sindh Act XII of 1955)
MUHAMMAD AYUB KHAN. H.
PK., HJ.
Field
Marshal
President.
The 20th October’1960 R.
A. MAHAMADI
Secretary
ANNEXURE - II
FROM THE
GAZTTE OF WEST PAKISTAN (EXTRAORDINARY)
LAHORE,
SATURDAY, JULY 1, 1961
HOME DEPARTMENT
NOTIFICATION
No. 5 (3) – H (SOIII) –M/61 – In exercise of the powers
conferred by section15 of the Probation of Offenders Ordinance, 1960 (XLV OF
1960), The Governor of West Pakistan is pleased to make the following rules,
namely –
THE WEST PAKISTAN PROBATION OF OFFENDERS RULES. 1961
- Title
and commencement – (1) These rules may be called the West Pakistan
Probation of offenders Rules, 1961.
(2) They
shall come into force on 1st July 1961.
- Definitions
– In these rules, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned them,
that is say –
(a)
“Assistant Director” means Assistant Director,
Reclamation and Probation, West Pakistan.
(b)
“ Case Committee” means a Case Committee
constituted (for a district) under rules
16.
(c)
“Form” means a Form appended to these rules.
(d)
“Ordinance” means the Probation of Offenders Ordinance
1960.
(e)
“Probation” means a person in respect of whom a Court
under section5 has made a probation order.
(f)
“Probation area” means the area in the charge of an
Assistant Director.
(g)
“Probation Department” means the Department of
Reclamation and Probation, West Pakistan.
(h)
“Province” means the Province of West Pakistan.
(i)
“ Section” means a section of the Ordinance.
- (1)
The Director, Reclamation and Probation, West Pakistan shall for the
purposes of the
Ordinance and these rules, be and
exercise the powers of the Officer-in-Charge throughout the Province.
(2) The
Officer-in-charge shall be responsible for the over all control, supervision
and direction of probation work in the Province.
- (1)
The Officer-in-Charge shall be assisted in the discharge of his duties
under the
Ordinance and these rules by Assistant
Directors, who shall be appointed by the Officer
–in-Charge.
(2) Subject
to such general or special directions as Government may issue in this behalf
from time to time, an Assistant Director shall be Incharge of a probation area.
(3) Subject
to any general or special orders of the Officer-in-Charge, an Assistant
Director shall: -
(a)
Supervise, inspect and exercise general control over
the work of the Probation Officers under him: -
(b)
Be responsible for the organization of the probation
work in the area under his charge; and
(c)
Advise the Case committee for the area under his charge
upon matters relating to probation work.
- (1)
The officer-in-charge may appoint as many chief probation officers as the
number of such posts are sanctioned by Government.
(2) A
Chief Probation Officer shall be in charge of a district or such other area as
the officer-in-charge may specify.
(3) A
Chief Probation Officer shall –
(a)
Be responsible for the organization and supervision of
the probation work in the
Area under his charge, and the
distribution of such work among the Probation
Officers under him;;
(b)
Guide and advise the Probation Officers under him in
the performance of their duties; and
(c)
Perform such duties of a Probation Officer as may be
assigned to him by the Officer-in-Charge or the Assistant Director to whom he
is subordinate.
- Probation
Officers shall be appointed by the Officer- In-Charge, and shall exercise
their powers and perform duties as such officers within such local area or
for such class or classes of cases of probationers as may be directed by
the Officer- In-Charge.
7. No person shall be appointed as a probation
officer unless:-
(a) He
is, at the time of his first appointment as a Probation Officer, more than
twenty-three years and less than thirty-five years of age;
(b) He is
at least a graduate of a recognized University;
(c) He
possesses good character and is in the opinion of the Office-in-Charge
competent by his personality, education and training to influence for the good
probationers placed under supervision; and
(d) He
has a working knowledge or practical experience of social work;
8. The terms and conditions of service of
Probation Officers and Chief Probation Officers, including their emoluments and
allowances and the taking of disciplinary action against them shall be
regulated by the appropriate rules framed in that behalf by Government.
9. No Officer or employee of the Jail or Police
Department shall appointed as a Probation Officer of a Chief Probation Officer.
10. Duties of probation
officer - A probation officer shall -
(a) Explain
to every probationer placed under his charge, the terms and conditions of the
probation order made in respect of such probationer, and if so deemed
necessary, by warnings endeavor to ensure their observance by the probationer;
(b) In
the first two month of probation of every probationer under his charge, meet
the probationer at least once in a fortnight, and thereafter, subject to the
provisions of the probation order and any general or special orders of the
officer-in-charge, keep n close touch with the probationer meet him frequently,
make enquires into his conduct, mode of life and environments and wherever
practicable, visit his home from time to time;
(c) If
any probationer under his charge be out of employment endeavor to find suitable
employment for him and assist, be friend, advise and strive to improve his
conduct and general conditions of living;
(d) Encourage
every probationer placed under his supervision to make use of any recognized
agency. Statutory or voluntary which might contribute towards his welfare and
general well being, and to take advantage of the social, recreational and
educational facilities which such agencies might provide;
(e) Where
a probationer under his supervision, who has executed a bond with sureties
under section 5, is found to have committed any breach of the terms of his
bond, or to have other wise misconduct himself, to bring such breach or
misconduct to the notice of his sureties;
(f) Maintain
the books and registers and submit reports prescribed under these rules; and
(g) Subject
to the provisions of these rules; carry out the instructions of the Court in
regard to any probationer placed by the Count under his Supervision.
11. A
Probation Officer shall wear no uniform or distinctive badge.
12. (1)
The Officer- in Charge or such other officer of the Probation department as the
Officer- in - Charge may authorized in this behalf, shall forward to every
District Magistrate the Name, address and headquarters of every probation
officer appointed for in his District, and shall without delay inform the
District Magistrate when any person cases or is about to cease to be a
Probation Officer within the District, or proceeds on leave other than casual
leave.
(2) The District Magistrate shall
communicate to every Court in his District having jurisdiction under the
Ordinance the information received by him under sub-rule (1).
13. A
Probation Officer may, with the permission of the appropriate Court, inspect
any judicial record in which any probationer under his charge was a party, and
take noted from such record, but shall in no case communicate the contents
thereof to any person, save with the permission of that Court, or the
Officer-in-charge.
14. (1)
Every Probation Officer shall maintain –
(a) A
register of probationers in Form A, which shall be kept in his office under his
custody;
(b) A diary
on yearly basis, in which shall be recorded from day to day such matters as his
visits to and meeting with, the probationers under his supervision and their
sureties, the work done by him for the betterment of the probationers and his
observations with regard to their conduct and employment;
(c) A
book in which separate pages shall be allotted to each probationer under his
supervision wherein he shall from time to time make entries regarding the
progress or otherwise made by the probationers under his charge; and
(d) Such
other records as the Government or the Officer-in-Charge may direct.
(2)
The records, that are required to be maintained under
this rule, shall be preserved for a period of ten years from the date of the
last entry borne thereon.
(3)
Entries in the registers prescribed under clause (a) of
sub-rule (1) shall be initiated by the presiding officer of the Court passing
the Probation order;
Provided that where
the court passing the probation order is the High Court, it may direct the
District Magistrate to initial such entries.
(4)
The diary and the book prescribed under clause (b) and
(c) of sub-rule (1) shall be checked and initiated at least once a month by the
assistant Director.
(5)
The diary to be maintained under clause (b) of sub-rule
(1) shall be closed on the
31st of December and shall be
deposited by the 15th January of the following year as
A confidential record with such officers
of the Probation department as the officer-in- Charge may direct.
(6)
Case Committees, their condition and procedure – (1)
There shall be constituted for each district in the province a case committee,
with the following membership –
(i) The District Magistrate;
(ii)
All first class magistrate in the District; and
(iii)
The assistance Director-in-charge of the District such
other officer of the probation officer as the Assistant director may nominate
in this behalf.
(2)
The District Magistrate shall be the Chairman of the
case committee.
(3)
The Assistant Director or the officer of the Probation
department nominated by him under the provisions of sub-rule (1), as the case
may be, shall be the Secretary of the case committee.
(4)
A case committee shall meet at least once in every
three months at the head quarters of the District or at such other place as may
be fixed by the chairman.
(5)
The Chairman shall preside at the meeting of the case
committee and in the absence of the chairman, the senior most Magistrate
present at the meeting shall preside at the meeting.
(6)
The quorum necessary for the transaction of business at
a meeting of a case committee comparing less than six members shall be two and
for a committee comprising more than six members shall be one third of this
total number.
(7)
The secretary shall record the minutes of the
proceedings of the meeting of the case committee, which shall be signed by the
person presiding at the meeting and shall be submitted for approval at the
following meeting and shall be submitted for approval at the following meeting
of the committee.
(8)
Probation officer dealing with cases to be considered
by a case committee may be required by the committee to attend its meetings at
which such cases are to be considered, and it so required they shall attend
such meetings and give such information to the committee as the committee may
require.
(9)
Subject to the provisions of this rule, a case
committee may regulate it own procedure.
17. Case
committees shall –
(i)
Function as advisory bodies in respect of the case work
within their respective District, and shall exercise general guidance over such
work;
(ii)
Receive and consider written or oral reports from the
probation officers for or in the areas within their jurisdiction concerning
probationers, and discuss with such probation officers the progress of the
probationers placed under the supervision of such officers; and
(iii)
Make such recommendations or communications concerning
any probationers residing in the area under their jurisdiction, or require a
probation officers to make, in respect of any such probationer, such
communication to the court which passed the probation order in respect of such
probationers, as the case committee thinks necessary.
18. (1)
Where a court proposes to make a probation order, it shall require a probation
officer, with such period as the court may fix, to make prelim nary enquiries
as regard the character, antecedents, home surroundings and other matters of a
like mature of the offender; and the court may postpone the passing of the
final orders in the case until the probation officer has submitted his report.
(2)
A court requiring a Probation Officer to make enquiries
under sub-rule (1) may of its own motion or in the request of the Probation
Officer, extend the time fixed by it for submission of the report by probation
officer.
19. The
bound to be executed under section 4 or section 5 shall be in Form B or Form C
the case may be.
20. The
probation order under section 5 shall be in Form D.
21. (1)
A court making a probation order shall, without payment of costs, furnish to
the Officer-in-charge, the Probation Officer, the persons in respect of whom
the order is made and his sureties, if any, a copy of the bond executed by the
probationer and his sureties if any and copies of such proceedings relating to
the probationer as the court may deem fit.
(2)
The conditions to be specified in a probation order or
a bond executed under section 5, shall generally be such as will tend to the
moral and social progress and development of the probationer.
22. (1) where a court decides to place an
offender on probation under section 5, it shall entrust the offender to the
charge of the Probation officer.
(2) If the
Probation Officer be not present in the Court when and order of probation is
made by the court, the Court shall issue a notice to probation officer t attend
the court on a specified date and take charge of the offender, and in the
meanwhile, the court may either direct the offender to be kept in custody or
may grant him bail, with or with out sureties and in such amount as the court,
in the circumstances of the case, may deem fit.
(3) No female
offender shall be placed under the supervision of a male Probation Officer.
23. A court passing a probation order may require
the probation officer to submit reports to it from time to time on the conduct
and mode to life of the probationer and the probation officer shall comply with
such order.
24. A Probation
Officer shall, without unnecessary delay, report to his immediate superior, any
failure on the part of a probationer placed under his supervision, to observe
any conditions of the bond executed such probationer, and such superior officer
shall, after making such personal enquiries into the matter, as the
circumstances of the case may require, forward the report of the Probation
Officer with his remarks to the Court making the probation order.
25. (1) Before
the 31st of March of every year, the District Magistrate shall
forward to the Officer-in-charge a report for the proceeding calendar year on
the working of the Ordinance in his district.
(2) The
report shall make special mention of the conduct in general of the probationers
residing in the District; and the work in general of the probation officer
appointer for or in the district.
26. Before the
1st of May of every year, the Officer-in-Charge shall submit to
Government a report for the previous calendar year on working of the Ordinance
in the Province.
By order of the Governor of West
Pakistan
A. H. SADIQUE
Deputy Secretary
to Government, West Pakistan
Home Department
FORM B
BOND BYA PROBATIONER TO KEEP
THE PEACE
AND
TO BE GOOD BEHAVIOUR
(See RULE 19 THE WEST PAKISTAN
PROBATION OF OFFENDERS RULES,
1961)
WHEREAS I
(names ____________________________ son of ___________________________
Caste
________________________________ Religion
_________________________________
Inhabitant of
place __________________________ District ______________________________
Have been
ordered to be pleased under section 4 of the probation of offenders Ordinance,
1960 by
The Court
_______________________________________ on the condition of my entering into a
Bond to appear
and receive sentence when called upon during a period of ____________________
herein after referred to as the said period;
I hereby bind my self;
(1)
To
appear and receive sentence when called upon to do so during the said period;
(2)
Not
to commit any breach of the peace or do any act that may occasion a breach of
the peace; and
(3)
To
be of good behaviour in all respects during the said period.
In case of my making default therein, I hereby
bind my self to forfeit the Government of West Pakistan the sum of rupees ______________________
dated this ____________________ and _____________
do hereby declare ourselves as sureties for the above named
__________________________________
Son of
___________________________________ or _______________________________________
And undertake –
(a)
That
he will appear and receive sentence when called upon to do so during the said
period.
(b)
That
he will not commit any breach of the peace or do any act that may occasion a
breach of the peace; and
(c)
That
he will be of good behaviour in all other respects during the said period.
In case of his making default therein we
bind ourselves. Jointly and severally, to forfeit to the Government of West
Pakistan a sum of rupees _____________________
Dated this
_____________________ day of ____________________ 200
Signature and full addresses of the
sureties
BOND BY A PROBATIONER TO
OBSERVE THE CONDITIONS
OF A PROBATION ORDER
(See RULE 19 OF THE WEST PAKISTAN PROBATION OF OFFENDERS RULES,
1961)
WHEREAS I
(names ____________________________ son of ___________________________
Caste
________________________________ Religion
_________________________________
Inhabitant of
(place) __________________________
Tehsil/ Taluka
__________________________ District ______________________________
Have been
ordered to be released by the Court of __________________________________ on
the condition of my entering into a observe the conditions specified in the
probation order made in
Respect me by
the court, during a period of _______________________ herein after referred to
as the said period;
I hereby bind my self as follows;
(a)
That
I shall faithfully fulfill the said condition;
(b)
That
I shall during the said period
(i)
Submit
myself to the supervision of the Probation Officer appointed by the Court his
behalf.
(ii)
Keep
the Probation Officer informed of my place of residence and means of
livelihood.
(iii)
Live
honesty and peacefully and endeavor to earn an honest live hood.
(iv)
Obtain
from taking intoxicates;
(v)
Appear
and receive sentence whenever called upon do so,
(vi)
Be
of good, behaviour; and
(vii)
Carry
out all such directions as may, from time in time, be given by the Probation
Officer, Other verbally or in warning. for
the due observations of the conditions mentioned above;
That I shall
not during the said period:-
(i)
Leave
the District of _____________________________ or the area specified in the
probation order, without the written permission of the probation officer of any
other officer appointed by the court in this behalf;
(ii)
Associate
with bad characters or lead & dissolute life.
(iii)
Commit
any offence punishable by any law in force in West Pakistan; or
(iv)
Commit
any breach of the peace or do any act that occasion a breach of the Peace.
In case of his making default in any of
the above conditions, I here by bid myself to forfeit to the Government of West
Pakistan, the sum of rupees
rupees
_____________________ in addition to any other sentence as may be ordered
Dated this
_____________________ day of ____________________ 200
Signature and full addresses of the
sureties
(Where bond
with sureties is to be executed) Add-
We_______________________
and __________________________
do hereby
declare ourselves as sureties for the above named _________________________
son of
________________________ of ______________________________
and undertake –
(a)
That
he will appear and receive sentence when called upon to do so during the said period;
(b)
That
he will not commit any breach of the peace or do any act that max occasion a breach of the Pease; and
(c)
That
he will be of good behaviour in all other respects during the said person.
In case of his
making default therein we bind always, jointly and severally, to forfeit to the
Government of Pakistan a sum of rupees __________________19
Dated this
__________________ day of _______________________19
Signature
and full addresses of the sureties
FORM
D
PROBATION ORDER
SEE RULE 20 OF THE WEST PAKISTAN
PROBATION OF OFFENDERS
RULES, 1961
THE STATE
Versus
______________________________________,
___________ Accused.
WHEREAS I
(names ____________________________ son of ___________________________
__________________
Religion _________________resident of
__________________________
__________________Police
Station ______________________________
District_____________
who appears to the Court to be of ________________________________
________________
years of age has been found guilty of an offence________________________
(state description of offence)
Under
section________________________ of _______________________________________
______________________,
and the Court is satisfied that it is
expedient to deal with the offender
under section 5
of the Probation of Offenders Ordinance
(Ordinance No.
XLV of 1960)
AND, WHEREAS,
the said offender has entered into a bond for rupees _________________
*With
______________________ sureties for a period of _________________ years, to
commit no offence and to keep the peace and be of good behaviour during the
period of the bond, and to appear
and receive sentence if called upon to do so
during that period.
It is hereby
ordered that the said offender be placed on probation and kept under the
supervision of a Probation Officer for a
period of ___________________expiring on the ___________________day of
19 .
Subject to the following conditions,
namely:-
(a)
that
the said offender shall abide by the conditions of the bond executed by him;
(b)
that
he shall reside within the limits as specified in the bond, and shall reside
within the limits as specified in the bond, and shall not leave such limits
without the permission of the Probation Officer, and
** ( c )
Dated this ______________ day of
____________________19
Signature and full addresses of the
sureties
* To be struck
off if no surety is taken.
** (Here the
Court may enter any other condition which it may consider fit to imp ore for
preventing the repetition of the same offence or the commission of the other
offences by the offender).
FORM A
REGISTER OF OFFENDERS
SEE RULE 14
OF THE WEST PAKISTAN PROBATION OF OFFENDERS
RULES, 1961
Name of the Probation officer _____________________ Area for
which appointed_________________
Serial
No
|
Name father’s
Name, caste
And/ religion
Of the Probationer
|
Place of
Residence
|
Marks of
Identification
|
Offence for which
tried
|
Particulars of Courts which tried
probationer, case number and date of final disposal of cases by the
Courts
|
Period for which he is placed on probation
|
Name and address of the sureties
|
Date of expiry of the period of Probation
|
Initial of the District Magistrate or the
Magistrate
Passing the
Probation
Order
|
Remarks
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
|
|