Probation acts saviour

When love soured, Aniket Kamble (name changed) swallowed over a 100 sleeping pills. Though the 24-year-old Worli resident survived the barbiturate overdose, he was slapped with a criminal case for attempting suicide, which carries a one year jail term.

Yet, on Monday when DNA met Aniket, he could hardly hide his joy. “Considering his young age the court has shown mercy and released him on probation,” said his beaming brother-in-law. Though Aniket did not make an application to be let out on probation, the court on its own granted him benefit under the Probation of Offenders Act, 1958, which empowers a court to suspend a convict’s punishment.

The Act has been in the news as actor Sanjay Dutt, convicted under the Arms Act in the 1993 serial blasts case, too has sought the benefit of probation instead of serving time in jail. The Act has come to the rescue of people like Aniket, who would otherwise carry the stigma of conviction through their life. With the love bites healed, Aniket now wants to go to London to work in the securities market with his cousin. “I’ll have to wait a year till I finish the probation term,” said Aniket. As he sped off on his red motorcycle, it was hard to ignore the uncanny resemblance the shy Aniket bears to the young boy, who was chided by Dutt in Munnabhai for attempting suicide over a failed love story.

The media attention to Dutt’s probation plea has also helped increase awareness about the Act. The run-down Worli office of the Probation Officers, who prepare a report on the character and background of the accused for the courts in the Island city, has already prepared 135 reports this year compared to the 111 reports prepared in 2006. A separate office in Chembur prepares reports for courts in the suburbs.

So far, 14 people have been let out on probation. Most cases deal with theft, dacoity and petty assault. The court usually imposes certain conditions on the accused while granting probation (see box). The grant of probation removes the disqualifications attached to conviction.

The building which houses the first floor office bears the number 117, which is Dutt’s number in the list of accused in the blasts case. If the Tada court decides to consider Dutt’s plea, one of the four officers — Saraswati Lokhande, Kalpana Gaikwad, JR Joshi and AS Sonar, will prepare the actor’s report. The four-page report will carry details about his personality, behaviour, past record, family and financial background. A positive report is a must for the benefit to be extended to the accused.