Delhi District Court
State vs Ram Bilash on 24 December, 2025
FIR No.65/2011
State vs. Ram Bilash
PS Sultanpuri
U/s 323/34 IPC
Order on quantum of sentence.
24.12.2025
Total 90 matters are listed in the regular cause list for today.
Present:- Ld. APP for the State.
The convicts namely Ram Bilash and Chhaya with Ld. Counsel Sh.Mahesh Kumar Malawat.
Report of Probation Officer has been received in sealed envelope qua the convicts. The sealed envelope has been opened.
Report with respect to both the convicts has been perused.
I have heard the arguments.
Ld. APP has argued that convicts have been convicted for commission of offences u/s 323/34 IPC. Thus, they may be punished with maximum imprisonment.
On the other hand ld. defence counsel has argued that convicts are having no previous criminal background and are both have deep roots in the society and that they have been earning their livelihood by lawful profession and trade. That they have their respective families dependent upon them for their survival. Thus, it is prayed that benefit of Section 4 of Probation of Offenders Act, 1958 may be extended to the convicts.
I have considered the submissions of ld. APP as well as ld. defence counsel and have gone through the entire file ABHINAV including reports of the Probation Officer. SINGH FIR No.65/2011 Page no. 1 of 4 Digitally signed by ABHINAV SINGH Date: 2025.12.24 16:52:01 +0530 As per reports of probation officer, the convicts are family persons and have cool temperament. They have reflected a remorseful tendency due to involvement of this case. They maintain healthy relations with their neighbours. They are the bread earner of their respective families. There is full scope of progress in their behaviour as well as in social life.
In "B. G. Goswami Vs. Delhi Administration" 1974 3 SCC 85, the Hon'ble Supreme Court of India has held : -
"..................The main purpose of the sentence broadly stated is that the accused must realize that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designed to protect society by deterring potential offenders as also by preventing the guilty party from repeating the offence; it is also designed to reform the offender and reclaim him as a law abiding citizen for the good of the society as a whole. Reformatory, deterrent and punitive aspects of punishment thus play their due part in judicial thinking while determining this question. In modern civilized societies, however, reformatory aspect is being given somewhat greater importance. Too lenient as well as too harsh sentence both lose their efficaciousness. One does not deter and the other may frustrate, thereby making the offender a hardened criminal............".
The Law Commission of India (in its 47th report) has summed up the components of a proper sentence : -
"A proper sentence is a composite of many factors, including the nature of the offence, the circumstances --- extenuating or aggravating --- of the offence, the prior criminal record, if any, of the offender, the age of the offender, the professional and social record of the offender, the background of the offender with reference to education, home life, sobriety and social adjustment, the emotional and mental condition of the offender, the prospect for the rehabilitation of the offender, the possibility of a return of the offender to normal life in the community, the possibility of treatment or of training of the offender, the possibility that the sentence may serve as a deterrent to crime by this offender, or by others, and the present Digitally signed by ABHINAV FIR No.65/2011 Page no. 2 of 4 ABHINAV SINGH SINGH Date:
2025.12.24 16:52:05 +0530 community need, if any, for such a deterrent in respect to the particular type of offence involved."
In matter of "Shailesh Jasvantbhai and Another Vs. State of Gujarat and Others" (2006) 2 SCC 359, the Hon'ble Supreme Court of India has observed that :-
"7. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people is an essential function of the State. it could be achieved through instrumentality of criminal law. Undoubtedly, there is a cross-cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. The contagion of lawlessness would undermine social order and lay it in ruins. Protection of society and stamping out criminal proclivity must be the object of law, which must be achieved by imposing appropriate sentence. Therefore, law as a cornerstone of the edifice of "order" should meet the challenges confronting the society. Friedman in his law in Changing Society stated that :
"State of criminal law continues to be - as it should be - a decisive reflection of social consciousness of society."
Therefore, in operating the sentencing system, law should adopt the corrective machinery or deterrence based on factual matrix. By deft modulation, sentencing process be stern where it should be, and tempered with mercy where it warrants to be. The facts and given circumstances in each case, the nature of the crime, the manner in which it was planned and committed, the motive for commission of the crime, the conduct of the accused, the nature of weapons used and all other attending circumstances are relevant facts which would enter into the area of consideration.
The present matter pertains to the incident of inflicting injuries on the person of the complainant and other injured persons by the convicts. The incident appears to have been committed on the basis of property dispute between the parties and appears to be an aberration in the life of convicts. Sentencing the convicts to jail may have undesirable and Digitally signed by ABHINAV FIR No.65/2011 Page no. 3 of 4 ABHINAV SINGH SINGH Date:
2025.12.24 16:52:08 +0530 deleterious effect on the character of the convicts and upon the life of their respective families.
Considering the objectives of Probation of Offenders Act, 1958 and considering social background of the convicts, nature of offence, character of convicts, this is a case preeminently fit for reformation and rehabilitation of the convicts rather than sending them to jail.
It is therefore, ordered in the exercise of powers under Section 4 of Probation of Offenders Act, 1958 that instead of being sentenced to imprisonment, convicts shall be released on probation of good conduct on executing a bond of Rs.10,000/- each and to appear and receive sentence when called upon during next one year and in the meantime, to keep peace and be of good behaviour.
Benefit of Section 12 of The Probation of Offenders Act, 1958 shall be available to the convicts for all future purposes, if above-said conditions are fulfilled.
Convicts have furnished their Probation Bond. Same are considered and accepted.
Copy of order be supplied to the convicts free of cost.
File be consigned to record room.Digitally signed by ABHINAV
ABHINAV SINGH SINGH Date:
2025.12.24 16:52:13 +0530 (ABHINAV SINGH) JMFC-01/NW/Rohini 24.12.2025 FIR No.65/2011 Page no. 4 of 4