Goal Of Criminal Law Extends Beyond Punishment: Rajasthan HC Orders Release Of Indigent Convicts; Sets Aside ₹10K Pre Deposit Requirement

The petitioners, who had been convicted of theft from a shop, were initially sentenced to two years of simple imprisonment along with a fine. Upon appeal, their conviction was upheld, but they were granted probation on the condition that they pay Rs. 10,000 each as prosecution expenses and provide bail bonds. Due to their financial hardship, the petitioners could not pay the required amount and thus remained in prison.

A Bench of Justice Arun Monga provided relief to petitioners—convicts who had been granted probation by an appellate court but were unable to meet the condition of depositing prosecution expenses. The Court said, “Modern criminal justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crime. The goal of criminal law extends beyond mere punishment. While punishment serves to deter and hold individuals accountable for their actions, there is a growing recognition of the importance of addressing the underlying factors that contribute to criminal behaviour.”

Advocate Bhagat Dadhich appeared for the Petitioners and Advocate Vikram Singh Rajpurohit appeared for the Respondent.

The Court observed that the purpose of the probation Act is to prevent offenders from becoming habitual criminals by providing them an opportunity for reformation rather than merely incarcerating them. The court decided to remove the condition of depositing prosecution expenses, as it would otherwise thwart the rehabilitative intent of probation for those in financial distress.

The Court referred to his previous judgment in Nasri v. State of Haryana where he had established principles for considering the benefits of probation, including factors such as the nature of the offense, the offender's personal circumstances, criminal history, and the potential for rehabilitation. The court affirmed that focusing on reformation and using alternatives to imprisonment reflects a more comprehensive approach to criminal justice.

The Court elaborated that probation, rather than incarceration, can be an effective mechanism for reform. The Court said, “In certain cases, certain offenders may be asked to remain under community supervision rather than being incarcerated. During such probation period, the offender can be put to follow certain conditions, such as regular reporting to a probation officer, participating in counselling or treatment programs and maintaining employment or education. The aim is to provide support, guidance and opportunities for the offender and to address the root causes of their criminal behaviour and develop positive life skills. Close monitoring and guidance provided during probation can help the offender make positive changes in their life and reduce the likelihood of reoffending.”

Consequently, the Court modified the appellate order by removing the condition of depositing prosecution expenses and allowed the petitioners to be released on furnishing personal bonds.

Cause Title: Ganesh & Ors. v. State of Rajasthan, [2024:RJ-JD:35708]