'No Benefit In Depriving Minor Child Of His Mother', Punjab & Haryana High Court Releases On Probation Woman Convicted For Bigamy

Taking a "lenient view", the Punjab and Haryana High Court directed to release a woman on probation who was convicted for committing Bigamy, having a minor child to look after.

While giving benefit of Probation to the convicted woman, Justice Nidhi Gupta said, "the petitioners now have a minor child who is in their care and custody, and for whose welfare they are responsible. As such, I find no benefit to anyone in depriving the minor child of his mother." The Court said that the welfare of the minor child has to be kept in mind.

The Court was hearing the plea of a couple, Asha Rani and Sudhesh challenging their conviction for committing Bigamy. The couple was awarded a sentence of 2 years of rigorous imprisonment and fine of Rs.1000 for offence punishable under Section 107 read with Section 494 IPC.

The appeal filed against the conviction was dismissed by the ASJ Court and conviction of the petitioners was modified to the extent that Ravi Kumar was convicted only under Section 494 IPC, and Asha was convicted under Section 109 IPC read with Section 494 IPC. Kumar was now sentenced to two years of rigorous imprisonment and Asha for one year of rigorous imprisonment.

The counsel for the petitioners contended that Kumar has served his sentence of two years whereas Asha was awarded one year of rigorous imprisonment, out of which she has already undergone 5 months and is currently out on bail as her sentence was suspended in 2014. He prayed that accordingly, benefit under the Probation of Offenders Act, 1958 should be given to her.

After hearing their submissions, the Court noted due to the present conviction, Kumar has already lost his job. 

It has also come on record that Kumar has transferred his ancestral and self-acquired assets in favour of his first wife (complainant) and their two children, the Court added.

Stating that the petitioners now have a minor child who is in their care and custody, the Court said "I find no benefit to anyone in depriving the minor child of his mother."

Reliance was placed upon Apex Court's decision in Som Dutt & Others Vs. State of Himachal Pradesh, wherein while refusing to interfere with the order of conviction of persons undergoing imprisonment for the offence of theft, the Supreme Court directed their release on probation of good conduct.

While upholding the conviction of both the petitioner, the Court directed to release Asha on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 on furnishing a personal bond with surety of like amount and on furnishing an undertaking to keep peace and good behavior for the remaining period of sentence, to the satisfaction of the trial Court concerned.

Advocates Nikhil Ghai, Gurjas Gill, RajatSingla for the petitioners

Advocate Deepak Goyal for the petitioner (in CRR-876-2014) and complainant (in CRR-855-2014).

Advocate Parmod K. Parmar for respondents No.4 to 7 (in CRR-876-2014).

Aditya Pal Singla, AAG Haryana.

Citation: 2024 LiveLaw (PH) 76

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