The High Court of Punjab and Haryana lists the factors relating to grant of probation
Nasri
Vs.
State of Haryana
Date of decision: 17.07.2023
CRM-A-38-MA-2017
CORAM: HON’BLE MR. JUSTICE ARJUN MONGA
FACT:
On June 27, 2012, around 6:00 pm, the person filing the complaint went to her empty piece of land to tie up her cattle. Aslam, the accused individual, obstructed her from doing so, leading to a confrontation. Subsequently, Yusuf, Aarif, Arshad, Ibri, Islam, Sajid, Kallu, Jubeda, Nasi, Sabroon, Sansida, and Asraf, armed with sticks and rods, forcibly entered the complainant’s residence and launched an attack on her. Nasri delivered a kick to her abdomen, while Jubeda used both her legs and fists to strike her. Upon hearing the commotion, the complainant’s mother-in-law came to her rescue but was kicked in the stomach by Ashraf. Hearing the disturbance, Hari Singh and Sabir arrived at the scene, causing the accused individuals to flee while threatening the complainant’s life. At that moment, the complainant was four months pregnant. She was taken to a hospital where a medical examination revealed that her unborn child had died. The incident was only documented in a preliminary incident report (DDR) and no further action was taken on the matter.
COURT ANALYSIS AND DECISION:
Based on the specifics and context of the situation, it is up to the court’s judgment to decide whether probation should be granted. The court will take into account all pertinent aspects and weigh the considerations of rehabilitation, safeguarding the public, and ensuring fairness when making this determination. The primary objective of probation is to present a substitute to imprisonment that attends to the personal requirements of the wrongdoer while still upholding public safety. By permitting conditional release through probation, the intention is to discourage subsequent criminal behavior, all the while affording a chance for the individual to transform and rehabilitate themselves.
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Written by- Srijan Garg