M.C.D. vs STATE OF DELHI

The Supreme Court held that the High Court's decision to grant probation under Section 4 of the Probation of Offenders Act, 1958 was flawed as it failed to obtain a report on the conduct of the accused as mandated by Section 4(2) of the Act. The Court emphasized that the Municipal Corporation of Delhi was not given an opportunity to present its counter affidavit regarding the sentence. Consequently, the Supreme Court set aside the High Court's order, reinstating the original sentence imposed by the trial court under Sections 332 and 461 of the Delhi Municipal Corporation Act, 1957.