'Denial Would Punish Family': HP High Court Grants Probation To Man Convicted Of Rash Driving After 20 Years

The Himachal Pradesh High Court granted probation to a man after 20 years who was convicted of rash and negligent driving. The Court took into account his good conduct, long pendency of trial, and the reformatory nature of criminal law.

Justice Virender Singh remarked that: “Rejecting the prayer of the convict to release him on probation, would amount to punishing his family members, for the offences, committed by the convict."

The petitioner, Ram Krishan, was convicted under Sections 279, 337, 338, and 201 of the Indian Penal Code for causing injuries by rash and negligent driving.

Aggrieved, he filed an appeal before the Sessions Judge, which was dismissed. Thereafter he filed a criminal revision before the High Court.

The petitioner did not challenge the conviction but prayed to be released on probation. He contended that he was a first-time offender and also had to take care of his family.

The High Court noted that a report from the Probation Officer recommended that the petitioner be extended the benefit of probation.

The Court observed that it was specifically mentioned by the Probation Officer that the conduct of the convict, during past years, in society, was good and that there was no other criminal case pending against him.

The Court reiterated that, “The probation is a kind of non-custodial sentence, by giving an opportunity to the convict to reform himself… It is a reformatory measure to achieve the object, by giving an opportunity to the convict, to reform himself, instead of directing him to undergo substantive sentence.”

Thus, the Court modified the sentence and directed the release of the petitioner on probation for a period of two years.

Case Name: Ram Krishan v/s State of Himachal Pradesh

Case No.: Cr. Revision No.4032 of 2013

Date of Decision: 27.10.2025

For the apellant: Mr. Vijay Chaudhary, Advocate.

For the Respondent: Mr. Varun Chandel, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General

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