
Lakhvir Singh etc. v
The State of Punjab and Anr.
CRIMINAL
APPEAL NOs.47-48 OF 2021 decided on January 19, 2021
BENCH-
Sanjay
KishanKaul, Hrishikesh Roy, JJ.
FACTS
Appellants in the present case were
found guilty of assaulting the complainant. They were subsequently convicted
under Section 397/34 IPC and sentenced to undergo rigorous Imprisonment of 7
years each. However, at time of commencement of crime the accused were found to
be youngsters aging 19 and 21 years. By the time the dispute reached the
Supreme Court both the parties had amicably settled the dispute and the
complainant had no objection as to either the appellants are released on bail
or probation. However the State submitted that the minimum punishment
prescribed under Section 397 IPC is 7 years and accused could not be released
before serving the minimum punishment as prescribed under
statute.
ISSUE
Whether the court has authority to release
an offender on probation before the
completion of minimum sentence as prescribed by the statute?
HELD
The Supreme Court answered the question
in the affirmative relying on Section 4 of Probation of Offender Act, 1958
(hereinafter referred as Act) where it is stated that an offender may be
probated.The Court further said that for application of section 4, the offender
should not be convicted of an offence which is sentenced with death penalty or
life imprisonment and in interim accused has to maintain good conduct and
behaviour. Further the court observed that inclusion of non-obstante clause
while drafting the section implies that legislative intention behind drafting
the provision should be interpreted liberally. In the present factual matrix
accused had not been convicted of offence resulting in death penalty or life
imprisonment, he had also served half the sentence and amicably settled dispute
with complainant as proof of good behaviour. Hence the court ordered
release of the accused on probation of good conduct under Section 4 of the said
Act.
See Section:
[Section 4 in The
Probation of Offenders Act, 1958
4. Power of court to release certain offenders on probation of good
conduct.—
(1) When
any person is found guilty of having committed an offence not punishable with
death or imprisonment for life and the court by which the person is found
guilty is of opinion that, having regard to the circumstances of the case
including the nature of the offence and the character of the offender, it is
expedient to release him on probation of good conduct, then, notwithstanding
anything contained in any other law for the time being in force, the court may,
instead of sentencing him at once to any punishment direct that he be released
on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period, not exceeding three years, as the
court may direct, and in the meantime to keep the peace and be of good
behaviour: Provided that the court shall not direct such release of an offender
unless it is satisfied that the offender or his surety, if any, has a fixed
place of abode or regular occupation in the place over which the court
exercises jurisdiction or in which the offender is likely to live during the
period for which he enters into the bond.
(2) Before
making any order under sub-section (1), the court shall take into consideration
the report, if any, of the probation officer concerned in relation to the case.
(3) When
an order under sub-section (1) is made, the court may, if it is of opinion that
in the interests of the offender and of the public it is expedient so to do, in
addition pass a supervision order directing that the offender shall remain
under the supervision of a probation officer named in the order during such
period, not being less than one year, as may be specified therein, and may in
such supervision order, impose such conditions as it deems necessary for the
due supervision of the offender.
(4) The
court making a supervision order under sub-section (3) shall require the
offender, before he is released, to enter into a bond, with or without
sureties, to observe the conditions specified in such order and such additional
conditions with respect to residence, abstention from intoxicants or any other
matter as the court may, having regard to the particular circumstances,
consider fit to impose for preventing a repetition of the same offence or a
commission of other offences by the offender.
(5) The
court making a supervision order under sub-section (3) shall explain to the
offender the terms and conditions of the order and shall forthwith furnish one
copy of the supervision order to each of the offenders, the sureties, if any,
and the probation officer concerned.]