'Unfortunate That Provisions For Probation Are Not Much Utilized By Courts': Allahabad HC Grants Probation In 28 Yrs Old Case For Attempt To Homicide [Read Judgment]

While reproducing Section 4 of the Probation of Offenders Act, 1958 and Section 360 of CrPC, the high court observed that it was pertinent to release deserving convicts on probation and to cater to the reformative nature of Indian criminal jurisprudence.

"These statutory provisions very emphatically lay down the reformatory and correctional object of sentencing and obligates the trial court as well as appellate courts to give benefit of probation in fit cases as provided under law. Unfortunately, this branch of law has not been much utilized by the courts," Justice Siddharth remarked.

Noting that the case at hand had been disposed of after lapse of about 28 years, he said,

"It becomes more relevant and important in our system of administration of justice where trial is often concluded after a long time and by the time decision assumes finality, the very purpose of sentencing looses its efficacy as with the passage of time the penological and social priorities change and there remains no need to inflict punishment of imprisonment, particularly when the offence involved is not serious and there is no criminal antecedent of the accused persons."

The Appellant-convicts had submitted before the court that their relationship with the informant and his family members had become cordial and that the impugned judgment would only revive their enmity. A similar affidavit was also submitted by the informant, seeking compounding of offences.

Noting that the case involved certain non-compoundable offences, viz. attempt to commit culpable homicide punishable under Section 308 IPC, the court deemed it a fit case to release the Appellant-convicts on probation.

Reliance was placed on Subhash Chand & Ors. v. State of U.P., 2015 12 Lawsuit (Alld) 1343, whereby emphatic stipulation to provide benefit of the beneficial legislation to accused persons in appropriate cases was given.

The court also relied on the Apex Court's ruling in State of Maharashtra v. Jagmohan Singh Kuldip Singh Anand & Ors., (2004) 7 SCC 659, whereby the convict in a 10 years old case was released on probation.

"keeping in view the fact that the incident took place about 28 years ago, the parties are neighbours residing in the same village, informant has filed affidavit before this court that their relations have become normal and they are residing peacefully in the village, he does not 7 wants the enmity to be revived, this court feels that the appellants should be given benefit of Section 4 of the Probation of Offenders Act, 1958 in this appeal while upholding the judgment and order of the trial court," Justice Siddharth held.

Case Details:

Case Title: Ramdas Harijan & Ors. v. State Of UP

Case No.: CA No. 2012/2003

Quorum: Justice Siddharth

Appearance: Advocates Satyendra Narain Singh, PN Kushwaha and Santosh Kumar Singh (for Petitioner); Govt. Advocate Gopal Ji Rai (for Respondent)

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