LI Network
Published on: December 13, 2023 at 12:12 IST
The Himachal Pradesh High Court has determined that the benefit of the Probation of Offenders Act cannot be extended to a person convicted of causing death by negligence in a rash and negligent driving case under Section 304-A of the Indian Penal Code (IPC).
Justice Rakesh Kainthla delivered these observations while adjudicating on an application seeking release/probation under Section 4 of the Probation of Offenders Act, 1958.
Representing the applicant, Senior Advocate Mr. P.S. Goverdhan passionately argued for probation, emphasizing the applicant’s societal ties, government employment, and the opportunity for reform. He cited legal precedents, including judgments from the Supreme Court and the Himachal Pradesh High Court, supporting probation in similar circumstances.
On the opposing side, Additional Advocate General for the State, Mr. Jitender Sharma, countered the plea, highlighting the severity of offences related to rash and negligent driving and the necessity for deterrence.
In his order, Justice Rakesh Kainthla referred to the Supreme Court’s position in Dalbir Singh v. State of Haryana (2000), stating that the Probation of Offenders Act cannot be invoked in cases involving reckless or negligent driving leading to fatal accidents.
The court underscored the significance of deterrence, particularly in the face of the alarming increase in road accidents.
The judge also cited Thakur Singh v. State of Punjab (2003) and State of Punjab v. Balwinder Singh (2012), emphasizing the established legal stance against granting probation in cases related to reckless driving.
In light of these considerations, the bench dismissed the application and scheduled the matter for hearing on December 14, 2023, to discuss the accused’s stance on the gravity of the offence.
Case Title: State of H.P. Vs Subhash Chand
