Delve into the legal intricacies of probation for first-time offenders as analyzed by the court in a recent judgment. The court’s thorough examination of the Probation of Offenders Act provides valuable insights into the criteria and considerations for granting probation to individuals with no criminal antecedents. Discover the nuances of the court’s decision-making process in such cases.
Facts
- The appellants were directed to undergo three months of simple imprisonment and pay a fine of Rs. 3000/-
- The judgement was affirmed by the Additional District and Sessions Judge at Mandi
- The appellants had filed a Revision Petition which was dismissed by the High Court of Himachal Pradesh
- Details of the incident where the appellants were caught by the Police patrolling at Dungru Nallah
- Accused no. 5 (now deceased) and accused no. 4 were in a red Indigo car without number plates
- They claimed to be going to Sundernagar for tyre remoulding of a tractor being transported behind the car
- Investigation revealed that a tractor trolly driven by Daleep Kumar, with Som Dutt and Ranjan Kumar sitting on it, reached the spot.
- Accused no. 1, Som Dutt, claimed ownership of the tractor and stated that the documents were with Accused no. 4, Bula Ram.
- Upon checking the documents, it was discovered that the registration numbers on the tractor and trolly were different, leading to a new FIR registered against all five accused under Section 379 read with Section 34 of IPC.
Also Read: Analysis of Bail Conditions in Criminal Appeal No. INSC 48/2024
Arguments
- The learned Advocate for the appellants challenged the impugned order but the court did not interfere with the conviction and sentence.
- The courts below did not consider the appellants’ case for probation under Section 361 of the Cr.P.C read with the Probation of Offenders Act, 1958.
- The court issued notice to the respondent-State regarding the submission for releasing the appellants on probation.
- The respondent-State’s advocate, Mr. Satish Kumar, did not strongly oppose the submission for releasing the appellants on probation.
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Analysis
- Sections 360 and 361 of the Cr.P.C empower courts to release offenders on probation of good conduct in certain cases.
- The appellants were sentenced under Section 379 read with Section 34 of IPC.
- The appellants have no criminal antecedents.
- The court is inclined to release the appellants on probation of good conduct based on the above factors.
- Section 3 and 4 of the Probation of Offenders Act also empower courts to release offenders in specific cases.
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Decision
- The appellants are to be released on probation of good conduct.
- Each appellant must furnish a personal bond of Rs. 25,000/- with surety of the like amount.
- The appellants must provide an undertaking to keep the peace and good behavior for three years to the satisfaction of the trial court.
- If the appellants fail to comply with the directions or breach the undertaking, they will be required to serve the sentence imposed by the trial court.
- Special leave has been granted to the appellants.
- The appeal is allowed subject to the above directions.
Case Title: SOM DUTT Vs. THE STATE OF HIMACHAL PRADESH (2022 INSC 385)
Case Number: Crl.A. No.-000549-000549 / 2022
