RAMESH DASS versus RAGHU NATH AND ORS.

RAMESH DASS versus RAGHU NATH AND ORS.

Section 360 CrPC is not applicable in Haryana as the Probation of Offenders Act is in force and Section 326 IPC prescribes life imprisonment. The High Court erred in directing probation under Section 360; the matter is remitted for reconsideration.

Parties
Appellant: Ramesh Dass; Respondent: Raghu Nath and Ors.
Jurisdiction
India
Judgment Date
14 February 2008
Procedural Posture
Criminal Appeal No. 313 and 314 of 2008 / Appeal From Judgment and Order Dated 8.5.2006 of the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No. 782/1991
Outcome
Appeals allowed
Legal Topics
Grievous Hurt, Joint Liability, Sentencing, Probation of Offenders, Concurrent Sentencing
Criminal Law Grievous Hurt Joint Liability Sentencing Probation of Offenders Concurrent Sentencing

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Parties

Ramesh Dass

Appellant

Raghu Nath and Ors.

Respondent

Procedural Posture

Criminal Appeal No. 313 and 314 of 2008 / Appeal From Judgment and Order Dated 8.5.2006 of the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No. 782/1991

Legal Issues

  1. 1 Applicability of Section 360 CrPC versus Probation of Offenders Act in Haryana
  2. 2 Legality of High Court's direction to release accused on probation under Section 360 CrPC when Probation Act is in force
  3. 3 Applicability of probation provisions where life imprisonment is prescribed for offence under Section 326 IPC

Ratio Decidendi

Section 360 CrPC is not applicable in Haryana as the Probation of Offenders Act is in force and Section 326 IPC prescribes life imprisonment. The High Court erred in directing probation under Section 360; the matter is remitted for reconsideration.

Court Disposition

Appeals allowed

Orders

  • Matter remitted to High Court to reconsider applicability of Section 360 CrPC in view of Probation Act and Section 326 IPC
  • No order as to costs