2021 (1) TMI 1278

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.... the reporting of the crime by complainant, an FIR was registered on 15.02.2003 Under Section 382 and Section 307 read with Section 34 Indian Penal Code. Knife and dagger were recovered alongwith the taxi and the trial Court framed charges Under Section 397 Indian Penal Code. Post trial, the Appellants were convicted by the trial Court vide judgment dated 8.1.2005 and sentenced to undergo Rigorous Imprisonment of 7 years each. 2. The appeal preferred by the Appellants has been dismissed by the impugned judgment dated 24.10.2019. 3. The Appellants approached this Court by a special leave petition. Annexed thereto, the compromise deed arrived at between the complainant Amrik Singh and the Appellants before us, in terms whereof the complainant has stated that he did not want to pursue any action against the Appellants and has no objection to their release on bail or acquittal. The Appellants have already served about 50% of their sentence while in custody. 4. On 3.12.2020, this Court while recording the aforesaid plea, issued notice on the SLP and on the prayer for interim relief of bail while simultaneously impleading the complainant as the 2nd Respondent. On 18.12.2020, cou....

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....eal with him Under Section 3 or Section 4, and if the court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so. (2) For the purpose of satisfying itself whether it would not be desirable to deal Under Section 3 or Section 4 with an offender referred to in Sub-section (1), the court shall call for a report from the probation officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender." 7. A view was taken by a 4-judge bench of this Court in Ramji Missar v. State of Bihar, AIR 1963 SC 1088 while seeking to apply the said provision to offenders who were under the age of 21 years on the date of sentencing and not on the date of commission of offence. In Masarullah v. State of Tamil Nadu (1982) 3 SCC 458 there are observations to the effect that "in case of an offender under the age of twenty one years on the date of commission of the offence, the Court is expected ordinarily to give benefit of the provisions of the Act and there is an embargo on the power of the Court to award sentence unless the Court considers otherwise, 'having....

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.... the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct Under Section 4, release him after due admonition. Explanation.--For the purposes of this section, previous conviction against a person shall include any previous order made against him under this Section or Section 4. 4. Power of court to release certain offenders on probation of good conduct.--(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon d....

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.... despite anything contained in any other law for the time being in force, the court to release a person on bond, with or without sureties, for a period of 3 years instead of sentencing him in order to ensure that he keeps peace and good behaviour. In this regard, under Sub-section (2), before making any order under subsection (1), the court is required to take into consideration the report, if any, of the probation officer concerned in relation to the case. 9. We may note that the aforesaid is distinct from Section 6 as it is discretionary in nature while Section 6 provides that a court "must not" sentence a person under the age of 21 years to imprisonment unless sufficient reasons for the same are recorded, based on due consideration of the probation officer's report. The relevant aspects while giving benefit Under Section 6 of the Act are: the nature of offence, the character of the offender, and the surrounding circumstances as recorded in the probation officer's report. [Masarullah vs. State of Tamil Nadu, 1982 3 SCC 458, pr.6.] 10. We may notice that since we are concerned with the Appellants who were under 21 years of age on the date of the offence and not on th....