Point of Law: Section 4 of Probation of Offenders Act power of Court to release certain offenders on probation of good conduct.

JUDGMENT :

(Virender Singh, J.)

1. The present revision petition has been filed by the petitioner against the judgment and order dated 10.9.2010/ 17.9.2010, passed by the Court of learned Sessions Judge, Chamba, District Chamba, H.P. (hereinafter referred to as the ‘Appellate Court’), in Criminal Appeal No.4 of 2010, titled as Udhami Ram versus State of Himachal Pradesh.

2. By way of the judgment dated 10.9.2019 and oder dated 17.9.2010, learned Appellate Court, has affirmed the judgment of conviction dated 29.03.2010 and order of sentence dated 31.3.2010, passed in Criminal Case No.29-II of 2003, by learned Judicial Magistrate First Class, Dalhousie, District Chamba, H.P. (hereinafter referred to as the ‘trial Court’).

3. Learned trial Court, vide judgment dated 29.3.2010, has convicted the petitioner for the offence punishable under Section 324 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and vide order dated 31.3.2010, the petitioner has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000/ - and in default of payment of fine, the petitioner has been sentenced to undergo further simple imprisonment for seven days.

4. The said judgment of conviction and order of sentence has been upheld by the learned Appellate Court, vide judgment dated 10.9.2010.

5. Against the said order passed by the learned Appellate Court, the present revision petition has been filed, which has been admitted for final hearing on 11.11.2010.

6. Today, the case is fixed for arguments.

7. At this stage, learned counsel for the petitioner, under instructions, has stated, at the Bar, that the petitioner does not press the present petition against the judgment of conviction dated 29.03.2010, passed in Criminal Case No.29-II of 2003, titled as State of Himachal Pradesh versus Udhami Ram, by learned trial Court, which, in turn, has been upheld by learned Appellate Court, while dismissing the Criminal Appeal No.4 of 2010, vide judgment dated 10.9.2010 and prayed that the benefit of Probation of Offenders Act, 1958, may kindly be extended to the petitioner and he may kindly be released on probation.

8. In view of the said submissions, the present petition, by virtue of which, judgment of conviction has been assailed, is ordered to be dismissed.

9. Now, so far as the prayer of the petitioner to release him on probation is concerned, the petitioner has been convicted for the commission of offence punishable under Section 324 IPC and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine, he has been ordered to undergo simple imprisonment for seven days.

10. A perusal of the record shows that, although, the learned trial Court has considered the question of releasing the petitioner on probation, but, for declining the said benefit, no reason has been assigned.

11. Record also does not demonstrate that the report of the Probation Officer, has been called for, before rejecting the prayer, made by the learned counsel appearing for the petitioner.

12. Learned Appellate Court has not even considered this fact, what to talk of giving the reasons for not extending the benefit of probation to the accused. The present is not a case, where the petitioner is found guilty of having committed an offence punishable with death sentence or imprisonment for life.

13. In order to grant the benefit of probation, it would be just and appropriate for this Court to reproduce Section 4 of the Probation of Offenders Act:-

“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, not