Supreme Court Extends Benefit Of Probation Of Offenders Act To 70 Year Old Convict

The Supreme Court (today on January 09) invoked its inherent power to extend the benefit of the Probation of Offenders Act to an accused as the same was granted to another accused in a cross-case due to a settlement reached between the parties. The Court also took into account the fact that there were no previous antecedents or adverse material against the conduct of the present accused/ appellant.

“Under the circumstances, we are inclined to invoke the jurisdiction under Article 142 of the Constitution of India and grant the benefit of the Probation Act to the present appellant also, which had been granted to the other accused belonging to the other conflicting group in the cross case, considering the fact that a settlement was reached between the parties and neither any criminal antecedents nor any adverse material against the conduct of the appellant, have been brought to the notice of this Court.,” held Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh.

Essentially, two criminal cases were filed by two groups of the family because of a violent clash, giving their own versions of the incident. Even though the two incidents were inter-connected, there were two separate criminal trials that resulted in two different outcomes.

In the first trial, the present appellant was convicted. However, in the subsequent trial, the parties had reached a settlement. Apart from this, the trial court also took into consideration that the accused persons had been facing an investigation for about 25 years and there were no previous criminal antecedents. Thus, they were granted the benefit of probation under the Probation Act.

Before the High Court, the appellant though was convicted for the offence of grievous hurt but was acquitted for serious charges like an attempt to murder. The High Court also refused to grant any benefit to the accused with respect to the settlement. It observed that no such settlement was arrived in the present case. It added that considering the nature of injuries and sentencing provision for grievous hurt, the benefit of probation would not send a good message to society. Thus, the present appeal.

At the very outset, the Court said there is no reason why the benefit of the provisions of the Probation Act cannot be extended. It pointed out the advanced age of the accused and the fact that he had been acquitted of serious charges by the High Court.

“The present appellant is about 70 years old. His conviction under the more serious offence under Section 307 IPC has been already set aside by the High Court and he has been convicted only under Sections 326, 325, 452 and 323 IPC and the maximum period of punishment awarded by the High Court is six months imprisonment with a fine of Rs.5000/- and has already undergone more than 4 months of imprisonment as of now.”

Thus, the Court extended the benefit of the Probation Act to the appellant. The appellant was directed to execute a personal bond of Rs.10,000/- with an undertaking that he would maintain peace and good conduct in society. Under these circumstances, the appeal was allowed.

Case name: RAMESH v. STATE OF RAJASTHAN., SPECIAL LEAVE PETITION (CRL.) NO. 15651 OF 2024

Citation : 2025 LiveLaw (SC) 43

Click here to read the judgment