Supreme Court Releases Theft Case Convicts On Probation On Good Conduct

While refusing to interfere with the order of conviction of persons undergoing imprisonment for the offence of theft, the Supreme Court on Monday directed their release on probation of good conduct.

A Bench comprising Justice Sanjiv Khanna and Justice Bela M Trivedi issued the direction having regard to the sentence of 3 months imprisonment imposed by the courts on the appellants for the offence under Section 379 IPC and and that there are no criminal antecedents against the appellants.

The bench issued the direction while noting that Section 3 and 4 of the Probation of Offenders Act empower the courts to release the offenders on probation of good conduct in the cases and circumstances mentioned therein.

Further, Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct in the cases and circumstances mentioned therein.

Therefore while maintaining the conviction and sentence imposed on the appellants, the bench directed that the appellants be released on probation of good conduct.

The court has directed the appellants to be released on each of the appellants furnishing a personal bond of Rs. 25,000/- with surety of the like amount, and on further furnishing an undertaking to keep the peace and good behaviour for a period of three years, to the satisfaction of the concerned trial court.

It has further been directed that if the appellants failed to comply with the said directions or commit breach of the undertaking given by them, they shall be called upon to undergo the sentence imposed by the trial court.

The present appeal was filed challenging the order dated 6th August 2021 06.08.2021 passed by the High Court of Himachal Pradesh, dismissing their Criminal Revision Petition which upheld the conviction of the appellants.

The appellants – accused were convicted by the Judicial Magistrate First Class, Karsog, District Mandi Himachal Pradesh for the offence under Section 379 read with Section 34 of IPC and were directed to undergo simple imprisonment for a period of three months.

The said judgment was affirmed by the Additional District and Sessions Judge through order passed in Criminal Appeal.

A revision petition against the order was passed by the appeallate Court, which was dismissed by the High Court of Himachal Pradesh through the impugned order dated 06.08.2021

The Supreme Court therefore refused to interfere with the concurrent findings of facts recorded by the three courts below holding the appellants guilty of the offence of theft under Section 379 of Section.

Case Title: Som Dutt & Ors v State of Himachal Pradesh

Click here to read/download the order