Probation Of Offenders Act | Benefit Cannot Be Granted In An Offence Involving Rash & Negligent Driving: Himachal Pradesh High Court

Justice Rakesk Kainthla made these observations while deciding on an application under which the applicant/convict was seeking his release/probation under Section 4 of the Probation of Offenders Act, 1958.

Mr. P.S. Goverdhan, the Senior Advocate representing the applicant, argued passionately for probation, citing the applicant's deep roots in society, government employment, and the need for an opportunity to reform. He relied on precedents, including judgments from the Supreme Court and the Himachal Pradesh High Court, supporting the grant of probation in similar circumstances.

On the other side, Mr. Jitender Sharma, Additional Advocate General for the State, opposed the plea, emphasizing the severity of offences related to rash and negligent driving and the need for deterrence.

Justice Rakesh Kainthla, in his order, referenced the Supreme Court's stance in Dalbir Singh v. State of Haryana (2000) 5 SCC 82, which categorically stated that the Probation of Offenders Act cannot be invoked in cases involving rash or negligent driving leading to fatal accidents. The court reiterated the importance of deterrence, especially in light of the alarming rise in road accidents.

The judge also referenced Thakur Singh v. State of Punjab (2003) 9 SCC 208 and State of Punjab v. Balwinder Singh (2012) underscoring the established legal position against granting probation in cases related to reckless driving.

In light of these observations, the bench dismissed the application and listed the matter on Dec 14 2023 for hearing the accused on the quantum of offence.

Case Title: State of H.P. Vs Subhash Chand

Citation: 2023 LiveLaw (HP) 78

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