Can't Punish Family Members: Himachal Pradesh High Court Grants Probation To Man Convicted In 20 Years Old Rash Driving Case

The Himachal Pradesh High Court has released a man convicted in a 20 year old rash and negligent driving case on probation noting that his family can't be punished for his crimes.

The Court was considering a Revision Petition against an order whereby the Appeal of the Petitioner against his conviction was dismissed.

The bench of Justice Virender Singh observed, "Considering all these facts, the revision petition of the convict is dismissed against the judgment of conviction, however, in view of the discussions made above, the order of sentence is ordered to be modified. Instead of directing the convict to undergo the substantive sentence, he is directed to be released on probation of good conduct, on his furnishing personal bond in the sum of ₹ 30,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court, to keep peace and be of good behaviour, for a period of two years and to receive the substantive sentence, as and when, called upon to do so, during the period of two years."

The Petitioner appeared in-person while the Respondent was represented by Advocate Varun Chandel.

Facts of the Case

The Petitioner was convicted and sentenced for the commission of offence, punishable under Sections 279, 337, 338 & 201 of the Indian Penal Code.

The Counsel for the Petitioner submitted that he does not want to press the instant Criminal Revision and prayed that he may be released on probation, as he is the first offender, having a family, consisting of his wife and two sons.

It was contended that the convict is the first offender and the sole bread earner of his family. Rejecting the prayer of the convict to release him on probation, would amount to punishing his family members, for the offences, committed by the convict.

Reasoning By Court

The Court after taking into consideration the report of the Probation Officer in which the Probation Officer recommended to extend the benefit of probation to the convict referred to a slew of Supreme Court and its own decision.

"In view of the above, there is no legal hesitation to extend the benefit of the provisions of Section 4 of the Probation of Offenders Act.....The Probation Officer has specifically mentioned that the conduct of the convict, during past years, in the society, is good...", the Court observed.

It also noted that the offences, for which, the convict has been convicted, are not punishable with death or imprisonment for life and the convict has already faced the agony of the trial, including the pendency of the appeal, for the last twenty years.

"Our Criminal Jurisprudence System is reformatory in nature. With the passage of time, it has been realized that sending the first offender to jail, to undergo substantive sentence, does not produce good results, as, the first offender/convict, sometimes, may come in contact with the hardened criminals......The probation is a kind of non-custodial sentence, by giving an opportunity to the convict to reform himself, while abiding by certain conditions, imposed by the Court, for a certain period. It is a reformatory measure to achieve the object, by giving an opportunity to the convict, to reform himself, instead of directing him to undergo substantive sentence", the Court held.

The Petition was accordingly allowed.

Cause Title: Ram Krishan v. State of H.P. (2025:HHC:35823)

Appearances:

Petitioner- In-Person

Respondent- Advocate Varun Chandel, Additional Advocate General Mohinder Zharaick, Additional Advocate General H.S. Rawat and Deputy Advocate General Rohit Sharma,

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