The Madhya Pradesh High Court recently in Sanjay v. State of MP, has decided the question whether a person convicted for gambling by the trial as well as revisional court be released on probation of good conduct after admonition under Section 360 of CrPC. The applicant did not challenge the findings of the courts below on merits and merely confined his submissions that the applicant may be extended the benefit of Section 360.
The bench observed that a wide discretion is vested in the courts while deciding such pleas.
The court upheld the view of revision court while discussing various factors that may be helpful in deciding if the convict may be released on probation. While deciding such cases, the nature of offence as well as its impact on the social fabric of the nation must be borne in mind. The sociological backdrop of the accused, the circumstances in which the offence is committed and the age of the accused are other factors which the court emphasized upon.
“ It adversely affect the financial position of the family of the persons who are involved in gambling. If a person loses money in gambling then it can be safely said that the money which could have been utilized for upbringing the children of the family or for looking after the elder persons of the family has been misused while gambling", it said
Considering the case of applicant in particular, ill-effects of gambling on the family of gambler as well as the society, the high court observed that the trial court has already taken a very lenient view by imposing fine of Rs.100, and thus, denied to accept the application of the convict.
Read the Judgment here.