Law Doesn't Bar Benefit Of Probation To Convict Above 21 Yrs Age: Rajasthan HC Releases 'Attempt To Murder' Convicts On Probation In 33 Yrs Old Case

Rajasthan High Court has recently ordered the release of two persons on probation, previously convicted by the trial court for attempt to murder, after observing that emphasis must be placed on reformation and rehabilitation of offenders.

The single-judge bench of Justice Ganesh Ram Meena added that there is no bar under law to extend the benefit of probation to a convict aged above 21 years. The bench sitting at Jaipur also took note of the satisfactory conduct of the convicts and the lack of criminal antecedents ever since the suspension of their sentence in 1993. About the Probation of Offenders Act, 1954, the judge stated in the order as below:

“…the rationale for the enactment and its amendments: to give the benefit of release of offenders on probation of good conduct instead of sentencing them to imprisonment. Thus, increasing emphasis on the reformation and rehabilitation of offenders as useful and self-reliant members of society without subjecting them to the deleterious effects of jail life is what is sought to be subserved.”

Since the convicts have no criminal antecedents to their discredit since they were released on bail in 1993, the court felt that the purposes of bringing character reformation and preventing adverse impact in the society in which they live have been served. Hence, the court found it appropriate to extend the benefit of Section 4 [Power of court to release certain offenders on probation of good conduct] of the Act to the offenders.

The court also noted that Section 4 of the Act nowhere mentions its non-applicability to convicts above 21 years of age; the primary consideration is the satisfaction of the court about the good conduct of the offenders when the punishment for the offence is neither life imprisonment nor death. Before pronouncing the judgment, the court briefly discussed the decisions in Bagdawat Ram & Ors. v. State of Rajasthan (2022) and Smt. Budana & Anr. v. State of U.P (2023).

Though the criminal appeal was filed before the High Court for setting aside the conviction, the counsel appearing for the accused decided to restrict the arguments solely to the point of granting the benefit of probation.

Senior Counsel B.R. Bajwa, appearing for the petitioners, argued that his clients have been facing mental agony due to the pendency of the criminal case for the last 33 years.

Both the accused were sentenced to five years of rigorous imprisonment in this case. The first appellant is now 59 years old whereas the second appellant is currently 56 years old.

After giving due weightage to the above factors as argued by the senior counsel, the court decided to interfere in the sentencing part of the judgment alone, leaving the conviction of the appellants intact.

The court has ordered a release of the appellants on probation as per Section 4 upon furnishing a personal bond in a sum of Rs. 50,000/- each and two sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial court, within two months. The appellants have been asked to give an undertaking that they shall maintain peace and good behaviour for a period of two years and shall not repeat the offence. Since the appellants are already on bail, there is no need for them to surrender, the court clarified.

Senior Counsel appearing for the appellants was assisted by Advocates Amar Kumar and Savita Nathawat. Public Prosecutor Babulal Nasuna represented the respondent state.

Case Title: Nawal Kishore & Anr. v. State of Rajasthan

Case No: S.B. Criminal Appeal No. 483/1993

Citation: 2024 LiveLaw (Raj) 35

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