The Calcutta High Court has stayed the operation of the conviction and sentence imposed on two persons convicted in a 2011 criminal case, pending consideration of their plea for release on probation under the Probation of Offenders Act.

Justice Dr. Ajoy Kumar Mukherjee passed the interim order after the petitioners submitted that they were similarly placed as another co-convict, Laxmi Roy, who had earlier been granted the benefit of probation by the High Court in a criminal revision petition arising out of the same case.

The petitioners had been convicted by the Judicial Magistrate, First Class-II, on September 7, 2022, following a full-fledged trial in connection with G.R. Case No. 283 of 2011. They were convicted under Sections 147, 342, 324, 504 and 506 of the Indian Penal Code.

They were sentenced to six months' imprisonment for the offence under Section 324 IPC and two months' imprisonment for the offence under Section 147 IPC. They were also directed to pay fines of Rs. 500 each for the offences under Sections 342, 504 and 506 IPC. The sentences were directed to run concurrently.

The petitioners, along with other convicts, challenged the conviction before the Additional Sessions Judge, Mayabandar, in Criminal Appeal No. 11 of 2023. However, the appellate court dismissed the appeal on August 23, 2024, affirming the Trial Court's judgment.

Subsequently, one of the co-convicts, Laxmi Roy, approached the High Court through a criminal revision petition, being CRR 3 of 2025.

On July 9, 2025, the High Court held her guilty of offences under Sections 323 and 506 IPC but granted her the benefit of Section 4 of the Probation of Offenders Act.

While granting the relief, the High Court had taken into account that Roy had regularly appeared before the Trial Court, was not a habitual offender, had not committed any offence during the pendency of the proceedings and had no other pending criminal case. The Court also considered that the case had originated in 2011 and that she had faced trial until 2022.

She was accordingly released on probation for six months upon furnishing a bond of Rs. 1,000.

Relying on the said order, the present petitioners contended that they were similarly situated and were also entitled to the benefit of probation.

However, the State opposed the plea, submitting that the petitioners were not on the same footing as Laxmi Roy and that their case would have to be considered on its own merits.

After considering the submissions, the High Court directed that the matter be listed before the next available Circuit Bench at Port Blair.

In the meantime, the Court directed that the Trial Court's judgment dated September 7, 2022, and the appellate court's judgment dated August 23, 2024, shall not be given effect to until November 30, 2026, or until further orders, whichever is earlier.

The Court also granted the petitioners liberty to amend their description in the cause title of the application.