No Probation for Accused With Criminal Record in Brutal Attack: Supreme Court Orders Them to Surrender

Over a rival shop, two accused attacked the informant's brother in 2003 with a cutting weapon and a gun, causing cut and gunshot injuries (paras 4-5). Charged under Section 308 IPC, they were sentenced by the Additional Sessions Judge, Bahraich, to five years' rigorous imprisonment and a fine of Rs 20,000 (para 2). Before the High Court they did not challenge the conviction, and the High Court released them on probation, citing the 22 years since the incident and the absence of criminal antecedents (para 6). The informant appealed (para 2). A Probation Officer's report called for by the Supreme Court listed several criminal cases against each accused (para 9).

The cut and gunshot wounds were grievous hurt, and the offence fell under Section 307, not Section 308, though the trial had proceeded under Section 308 (para 5). The High Court went overboard on an exposition of the law and abruptly applied Section 4 (para 6). The accused went scot-free without a day's imprisonment through misplaced sympathy; they were on bail and indulging in crime while the victim suffered the debilitating effects of the attack (para 13). The nature of the offence and the character of the offender decide whether release on good conduct is expedient; the brutality and grievous injuries called for an adverse inference (para 13). The Court must consider the Probation Officer's report, and the State had placed the criminal antecedents, a request for preventive action and a proposal under the Goondas Act on record; nothing commended release on good conduct (para 14).