The Division Bench of the Supreme Court in the case of Som Dutt & Ors. vs The State of Himachal Pradesh consisting of Justices Sanjiv Khanna and Bela M. Trivedi allows appellants to be released on probation of good conduct as there were no criminal antecedents against them.
Facts
A red colour Indigo car was coming from Phegal road without having any number plate, and was stopped by the Police party. It was driven by Manoj Kumar alias Manoj Kaushal (Accused no. 5 now deceased), and Bula Ram (Accused no.4) was sitting in the car. A tractor trolly also reached on the spot, which was being driven by Daleep Kumar (Accused no. 2); and Som Dutt (Accused no. 1) and Ranjan Kumar (Accused no. 3) were sitting on the tractor. Som Dutt told the Police that the tractor belonged to him and the documents of the tractor were with Bula Ram. However, on checking the tractor and trolly documents, it was found that the registration numbers were different. Hence an FIR was registered against all the five accused for the offence u/s 379 read with Section 34 of IPC.
Procedural History
The appellants – accused were convicted for the offence u/s 379 read with Section 34 of IPC and were directed to undergo simple imprisonment for a period of three months and pay fine of Rs. 3000/- in default thereof, to undergo further simple imprisonment for one month. The said judgment was affirmed by the Additional District and Sessions Judge. Being aggrieved, the appellants had preferred a Revision Petition, which came to be dismissed.
Contentions Made
Appellant: Courts should have considered the case of the appellants for granting them the benefit of releasing them on probation u/s 361 of the CrPC read with Sections 3 and 4 of the Probation of Offenders Act, 1958.
Even though the respondent filed a reply, they did not resist the submission for releasing the appellants on probation.
Observations of the Court and Judgment
The Bench observed, having regard to sentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, that the court was inclined to give them the benefit of releasing them on probation of good conduct.
In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, it was directed that the appellants shall be released on probation of good conduct, 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 was further 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.
Case Name: Som Dutt & Ors. vs The State of Himachal Pradesh
Citation: CRIMINAL APPEAL NO.00549 OF 2022
Bench: Justice Sanjiv Khanna, Justice Bela M. Trivedi
Decided on: 4th April 2022
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