Sole Intention Of Legislature In Passing Probation Laws Is To Give Persons A Chance Of Reformation: Punjab & Haryana HC [Read Order]

Punjab: The Punjab and Haryana High Court has delivered a significant judgment granting probation to a convict under the Probation of Offenders Act, 1958, emphasizing the Court’s power to release first-time offenders of minor offences and shield them from the stigma and adverse effects of incarceration.

In an order dated August 19, 2025, Justice Manisha Batra allowed the criminal revision petition filed by Gora Singh, modifying his sentence of imprisonment to probation.

The Court noted that Singh had been convicted on October 30, 2019, in connection with FIR No. 23 dated April 27, 2016, under Sections 148 (rioting, armed with deadly weapon), 325 (voluntarily causing grievous hurt), 323 (voluntarily causing hurt), 427 (mischief causing damage), and 149 (unlawful assembly) of the IPC, lodged at Police Station Bareta. The trial court convicted him under Sections 148 and 323 read with Section 149 IPC and sentenced him to rigorous imprisonment for up to one year along with a default clause of fine. His appeal was dismissed by the Additional Sessions Judge, Mansa, on July 2, 2025.

Justice Batra observed that the petitioner had already undergone actual imprisonment for one month and seventeen days and had been facing the rigours of litigation for nearly nine years. The Court emphasized that considerable time had passed since the incident and that, during this period, the petitioner had not been involved in any other criminal case and was leading a peaceful life with his family.

The Court extensively relied on the Supreme Court’s judgment in Jugal Kishore Prasad v. State of Bihar (1972 AIR SC 2522), which laid down the aims and objects of the Probation Act. Quoting the ruling, the Court noted: “The Probation of Offenders Act was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or after due admonition… The object of the Act is to prevent the conversion of youthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age.”

The Court also cited Arvind Mohan Sinha v. Amulya Kumar Biswas (1974 AIR SC 1818), which held: “The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the indignity of incarceration, can be usefully rehabilitated in society.”

Justice Batra emphasized that the sole intention of the legislature in enacting probation laws is to give certain categories of offenders a chance at reformation, an opportunity they would be denied if sent to prison. The Court clarified that such laws are intended for offenders who are not hardened or dangerous criminals, but rather those who commit offences under a momentary weakness of character or due to a tempting situation.

The Court observed that Section 4 of the Probation Act empowers courts to release an offender found guilty of an offence not punishable with death or life imprisonment on probation of good conduct, if the circumstances of the case and the character of the offender make such release expedient.

While granting probation, the Court directed the petitioner to furnish a personal bond of ₹25,000/- with one surety of the like amount within one month to the satisfaction of the trial court. Conditions imposed included maintaining peace and good behaviour for one year, submitting his current address and phone number in an affidavit before the trial court, and abstaining from illegal activities. The Court clarified that if he is found indulging in any unlawful acts, the original sentence would stand revived.

In conclusion, the Court dismissed the revision petition on merits while maintaining the conviction and sentence of fine, but modified the imprisonment by releasing the petitioner on probation.

Appearances:

Mr. H. S. Mann, Advocate – for the petitioner

Ms. Sakshi Bakshi, Additional Advocate General, Punjab – for the State.

Case Title: Gora Singh v. State of Punjab

[Read Order]