The Calcutta High Court has stayed the conviction of two persons seeking probation on parity with a co-convict who was earlier released on probation, until their plea is heard by the Port Blair Circuit Bench.
Port Blair: The Calcutta High Court, sitting at its Circuit Bench in Port Blair, has directed by an interim order that the trial and appellate judgments convicting two petitioners in a 2011 case shall not be given effect till November 30, 2026, pending consideration of their plea for release on probation [Smt. Sandhya Soni and Another v. The State].
Justice Dr. Ajoy Kumar Mukherjee passed the order on October 15, 2026, in criminal revision CRR 63 of 2026.
The case
The Judicial Magistrate, First Class-II convicted the petitioners on September 7, 2022 in G.R. Case No. 283 of 2011 under Sections 147, 342, 324, 504 and 506 of the IPC, sentencing them to six months’ imprisonment under Section 324, two months under Section 147 and fines of Rs 500 each for the other offences, with the sentences to run concurrently. The Additional Sessions Judge, Mayabandar dismissed their appeal, Criminal Appeal No. 11 of 2023, on August 23, 2024.
A co-convict, Laxmi Roy, had approached the High Court in CRR 3 of 2025. On July 9, 2025, the Court held her guilty under Sections 323 and 506 IPC but extended the benefit of Section 4 of the Probation of Offenders Act, noting that she had regularly appeared at trial, was not a habitual offender, had no other pending case and had faced trial from 2011 to 2022. She was released on probation for six months on a bond of Rs 1,000.
The arguments
The petitioners argued that they were similarly placed and entitled to the same benefit. The State raised a strong objection, contending that they were not on the same footing as Laxmi Roy and that their case had to be heard on its own merits.
The order
Directing that the matter be listed before the next available Circuit Bench, the Court ordered:
“In the meantime, the judgment and order passed by the Trial court against the present petitioners on 7th September, 2022 in connection with G.R. case no. 283 of 2011 and the judgment passed by the Appellate court on 23rd August, 2024 in Criminal Appeal no. 11 of 2023 shall not be given effect till 30th November, 2026 or until further order, whichever is earlier.”
The Court also gave the petitioners liberty to amend their description in the cause title.
Why the order matters
The Probation of Offenders Act allows courts to release suitable offenders on good conduct instead of sending them to jail, particularly in old cases involving minor offences. Parity with a co-accused is a recognised consideration, but it is not automatic, as the State’s objection shows. The interim stay prevents the petitioners from being taken into custody before the question is decided.
Case Title: Smt. Sandhya Soni and Another v. The State
Case No.: CRR 63 of 2026
Bench: Justice Dr. Ajoy Kumar Mukherjee, Calcutta High Court, Circuit Bench at Port Blair
Date of Order: October 15, 2026
Appearances: Gopal Binnu Kumar for the petitioners; Sumit Karmakar for the State