Probation of Offenders Ordinance, 1960 (Parole Law of Pakistan)

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: -

1. 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.

2. 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 1^st 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 20^th 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

1. 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.

2. 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.

3. (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.

4. (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.

5. (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.

6. 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

      31^st of December and shall be deposited by the 15^th 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 31^st 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 1^st 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