Due regard has to be given to the age, character, antecedents of the offender as well as the circumstances in which the offence was committed before the benefit of probation can be granted to the convict, Justice Manmohan said.
"In the opinion of this court, the benefit of Section 360 Criminal Procedure Code (CrPC) (which deals with order to release on probation of good conduct or after admonition) is to be given only after accused has been found guilty of having committed a crime.
"Section 360 CrPC requires that due regard has to be given to the age, character, antecedents of the offender as well as the circumstances in which the offence was committed before the benefit of probation can be granted to the convict. However, the convict does not necessarily have to be sick or old or infirm to avail the benefit under section 360 CrPC," he said.
The court's remarks came while dismissing a revision petition filed by Surjeet Kaur and her son against trial court judgements.
After a trial spanning 25 years, a magisterial court, on February 27, this year, convicted 64-year-old Sneh Kapoor under sections 323 (hurt) and 506 (intimidation) of the IPC.
The offences entailed maximum two years jail term. The court, however, allowed her to walk free as she was accorded the benefit of probation.
A sessions court dismissed the appeal against the decision. Later, a revision plea was preferred in the High Court.
Justice Manmohan, concurring with lower courts, said, "It is pertinent to mention that in the present case the convict has faced trial for a long period of 25 years and she is now a 64-year-old widow who is also suffering from sugar and blood pressure problems...".
