RAJENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE short question for consideration in this criminal revision petition is whether an order for suspension of driving licence could be had against an accused who is convicted but ordered to be released under s. 4 (1) of the Probation of Offenders Act.

(2.) IN C. C. 228/79 on the file of the Chief Judicial magistrate, Thodupuzha, the revision petitioner was prosecuted for having committed offences punishable under S. 279, 337, 338 and 304-A of the INdian penal Code. He was convicted by the magistrate under all the counts. But instead of sentencing him straight away to any term of imprisonment or fine, the magistrate ordered him to be released under S. 4 (1)of the Probation of Offenders Act on his entering into a bond for Rs. 500/- to appear and receive sentence within a period of one year and in the mean time to keep peace and be of good behaviour. At the same time under S. 17 (1)of the Motor Vehicles Act he was disqualified from holding driving licence for a period of six months. Under S. 5 (1) of the Probation of Offenders Act he was directed to pay Rs. 2,000/- to the father of the person who died as a result of the incident and also Rs. 500/-to PW. 2 who had also occasion to sustain injuries as a result of the incident. Crl. A. 35/81 filed by the revision petitioner was dismissed by the Sessions Judge, Thodupuzha. Hence he has come in revision.

(3.) PROBATION is temporary suspension of sentence. That temporary suspension of sentence is likely to turn out as a permanent suspension in case the offender is able to satisfy the provisions of the bond for the full term for which it is ordered. What S. 4 (1) of the PROBATION of offenders Act says is that the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond. Therefore when the offender is ordered to be released on probation, there is no question of inflicting any punishment at all on him immediately. The question of punishment will arise only when he violates any of the conditions of the bond or when the court subsequently thinks that he should be called upon to appear and receive the sentence. Such a contingency has not arisen in this case. Before such a contingency has arisen, I think the court has no jurisdiction to award. any punishment on an offender who is ordered to be released on probation. The very purpose of release on probation is reformation.