1 2025:HHC:43027 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 463 of 2010 Decided on : 11.12.2025 Tilak Raj …Petitioner Versus State of H.P. …Respondent ________________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________________ For the Petitioner : Petitioner in person with Mr. Vinod K. Gupta, Advocate. For the Respondent : Mr. Rohit Sharma, Deputy A.G. Virender Singh, Judge (oral) Petitioner has filed the present Criminal Appeal, against the judgment, dated 25.09.2010/ 28.09.2010, passed by the Court of learned Sessions Judge, Kangra at Dharamshala, H.P. (hereinafter referred to as the ‘trial Court’), in Sessions Case No. 4- P/VII-2007, titled as ‘State of H.P. Vs Tilak Raj’. 2 2025:HHC:43027 2. By virtue of judgment dated 25.09.2010 and order of sentence, dated 28.09.2010, the learned trial Court has convicted the accused/appellant, for the commission of offence, punishable under Section 498-A of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced him in the following manner: Sections Sentence imposed In default S. 498-A IPC Simple imprisonment for a period of three years and to pay a fine of Rs. 20,000.- Simple imprisonment for six months 3. The instant appeal has been admitted for hearing by this Court, vide order, dated 25.10.2010. 4. Vide order, dated 30.10.2025, this Court has ordered to call for the report of the Probation Officer. In sequel thereto, the report of the Probation Officer has been received. 5. Today, statement of the appellant has been recorded on oath, in which, he has stated that he does not want to press the present appeal, preferred against the impugned judgment of conviction, and prayed that 3 2025:HHC:43027 he may be released on probation. In addition to this, he has also deposed that he is having a family to look- after, consisting of his aged parents and son. He has specifically stated that except him, there is no one to look-after them, after the death of his wife. 6. The report of the Probation Officer perused. The Probation Officer has specifically mentioned that the conduct of the appellant-convict, during past years, in the society, is good and has recommended that the benefit under Probation of Offenders Act be given to him. 7. The offence, for which, the appellant has been convicted, is not punishable with death or imprisonment for life. The convict is having the permanent abode in District Kangra, H.P. There is nothing on the file to demonstrate that after the incident, upon which, the FIR was registered against the appellant-convict, any other incident, had taken 4 2025:HHC:43027 place. No subsequent offence is reported to have been committed by him. 8. The appellant has already faced the agony of the trial, including the pendency of the present appeal, for the last about nineteen years. 9. Our Criminal Jurisprudence System is reformatory in nature. With the passage of time, it has been realized that sending the first offender to jail, to undergo substantive sentence, does not produce good results, as, the first offender/convict, sometimes, may come in contact with the hardened criminals. 10. The probation is a kind of non-custodial sentence, by giving an opportunity to the convict to reform himself, while abiding by certain conditions, imposed by the Court, for a certain period. 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. 5 2025:HHC:43027 11. While, not pressing his appeal, against the judgment of conviction, the appellant-convict, has prayed that he be released on probation, as according to him, he is having a family consisting of his aged parents and son to look-after. Admittedly, after the death of his wife, except him, no one is there to look- after his son. Mother of his son had already expired and in case, the prayer, so made, by the appellant- convict is not accepted, it would amount to penalizing the son of the appellant-convict without his fault. Mother of the child has already expired and if the father is ordered to undergo the substantive sentence, then, the same would be nothing, but would amount to punishing him (child), for the offence committed by his father. 12. Considering the nature of the offence, this Court is of the view that it would be expedient to release the appellant on probation of good conduct, 6 2025:HHC:43027 instead of directing him to undergo substantive sentence, as imposed by the learned trial Court. 13. Considering all these facts, the appeal is dismissed against the judgment of conviction, however, in view of the discussions made above, the order of sentence is ordered to be modified. Instead of directing the appellant to undergo the substantive sentence, he is directed to be released on probation of good conduct, on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety, of the like amount, to the satisfaction of the learned trial Court, to keep peace and be of good behaviour, for a period of two years and to receive the substantive sentence, as and when, called upon to do so, during the period of two years. 14. The appellant is also directed to deposit a sum of 10 ₹ ,000/-, with the District Legal Service Authority, Kangra, District Kangra, H.P., which shall be in addition to the fine amount, stated to be, already 7 2025:HHC:43027 deposited by him, in this case, with the learned trial Court, within a period of one month from today. 15. It is clarified that in case of violation of any of the conditions, so imposed, including the terms and conditions of the requisite bonds, the order of sentence shall revive automatically, without reference to this Court. In that eventuality, the appellant is directed to surrender before the learned trial Court, to undergo the substantive sentence. 16. In view of the above, the appeal is partly allowed. Pending miscellaneous applications, if any, are also disposed of accordingly. (Virender Singh) Judge 11th December, 2025 (Pramod)