Under the Probation of Offenders Act, 1958, the court shall not release an offender on probation unless:

The proviso to section 4(1) bars release unless the court is satisfied that "the offender or his surety, if any, has a fixed place of abode or regular occupation" in the court's jurisdiction or where the offender is likely to live. Confession, compensation or a police certificate is not a condition of release.