38.6c New Delhi, India, Tuesday, July 23, 2024

Accused Convicted For An Offence Punishable With Life Imprisonment Cannot Be Released On Probation: SC [Read Order]

By LawStreet News Network      29 March, 2019 12:00 AM      0 Comments
Accused Convicted For An Offence Punishable With Life Imprisonment Cannot Be Released On Probation: SC [Read Order]

The Supreme Court on March 25, 2019, in the case of Goverdhan Dass v. Chaman Lal and Others, has observed that an accused convicted for an offence punishable with life imprisonment cannot be released on probation under Probation of Offenders Act, 1958.

A Bench comprising of Justice L. Nageswara Rao and Justice M.R. Shah was hearing an appeal against the order passed by the Punjab & Haryana High Court in which the court maintaining the conviction of the accused released him on probation. The High Court invoked Section 4 of the Probation of Offenders Act, 1958, on the ground that the incident took place about 23-1/2 years ago and no useful purpose will be served by sending the accused to jail at that stage.

The Trial Court had convicted the accused and sentenced them to undergo imprisonment for five years under Section 326 r/w Section 149 of the Indian Penal Code, 1860, (hereinafter referred to as IPC), two years under Section 325 r/w Section 149 IPC, six months under Section 148 IPC and three months under Section 323 read with Section 149 IPC.

In the appeal filed by the complainant and state, the Bench observed that "There is no dispute that an offence under Section 326 IPC which carries a sentence of life imprisonment cannot be compounded either under Section 360 Cr.P.C. or under Section 4 of the Act. In view of the observations made by this Court when the matter was remitted back, the High Court ought not to have applied the Act in view of the settled law." However, the Bench took into account the factors like the passage of time from the date of the incident, the age and health condition of the respondents, and sentenced the accused till the rising of Court. The amount of compensation was enhanced from Rs.75, 000/- to Rs.5 Lakhs.

[Read Order]

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
NEET-UG: SC asks IIT-Delhi to apprise it of correct answer of a question where two options are found as correct

SC asks IIT-Delhi to determine correct answer for NEET-UG question with two correct options, report due by 12 PM Tuesday; court to hear further on re-test plea.

23 July, 2024 09:26 AM
Trending Judiciary
2021 Lakhimpur Kheri violence: SC grants regular bail to Ashish Mishra, son of ex Union Minister Ajay Mishra

SC grants regular bail to Ashish Mishra, son of ex-Union Minister, in the 2021 Lakhimpur Kheri violence case involving the death of eight people.

23 July, 2024 11:02 AM


Trending Judiciary
State govt has got no power to tinker with list of Scheduled Castes: Supreme Court [Read Judgement]

The Supreme Court ruled that state governments lack the authority to modify the Scheduled Castes lists, a power reserved exclusively for Parliament under Article 341.

17 July, 2024 09:31 AM
Trending Judiciary
SC asks Telangana govt to replace judge in Commission of Inquiry into power pact by previous govt

SC directs Telangana govt to replace Justice L Narasimha Reddy in Commission of Inquiry probing former CM KCR's alleged power sector irregularities.

17 July, 2024 09:40 AM
Trending Judiciary
Centre notifies appointments Justice N Kotiswar Singh, Justice Mahadevan as SC judges

Centre notifies appointments of Justice N Kotiswar Singh and Justice R Mahadevan as Supreme Court judges, marking the first SC judge from Manipur.

17 July, 2024 09:57 AM
Trending Judiciary
Imprisonment till rising of court not proper sentence for serious offence of bigamy: SC [Read Judgement]

The Supreme Court ruled that “imprisonment till the rising of the court" is not appropriate for bigamy, a serious offence, stressing the need for proportionate punishment.

17 July, 2024 10:00 AM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email