CRR No.286 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.286 of 2011 (O&M) Date of decision: 08.03.2011 Amarjit Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.K. Girdhar, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Petitioner was found guilty under Sections 420/465/467/468/471/120-B of the Indian Penal Code by Judicial Magistrate, 1st Class, Gidderbaha, vide judgment dated 9.2.2010 and was sentenced to undergo imprisonment as under: - “1) “To undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- for commission of offence punishable under Section 420 IPC and in default of payment of fine to further undergo rigorous imprisonment for two months. 2) To undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- for commission of offence punishable under CRR No.286 of 2011 (O&M) -2- Section 465 IPC and in default of payment of fine to further undergo rigorous imprisonment for one month. 3) To undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- for commission of offence punishable under Section 467 IPC and in default of payment of fine to further undergo rigorous imprisonment for two months. 4) To undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- for commission of offence punishable under Section 468 IPC and in default of payment of fine to further undergo rigorous imprisonment for two months. 5) To undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- for commission of offence punishable under Section 471 IPC and in default of payment of fine to further undergo rigorous imprisonment for one month. 6) To undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- for commission of offence punishable under Section 120-B IPC and in default of payment of fine to further undergo rigorous CRR No.286 of 2011 (O&M) -3- imprisonment for one month.” All the sentences were ordered to run concurrently. In appeal preferred by the accused/petitioner herein learned Appellate Court/Sessions Judge, Sri Muktsar Sahib set aside the order of sentence for the offence under Section 465 and order of sentence qua other offences was affirmed by learned Appellate Court vide judgment dated 15.1.2011. Learned counsel for the petitioner does not want to press the present revision on merit and requests that since petitioner was found guilty under Sections 420/467/468/471/120-B and maximum period of sentence awarded is two years, hence the petitioner may be released on probation. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. I have heard learned counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against them. In the opinion of this Court, no useful purpose would be served by keeping the petitioner in the company of hardcore criminals. Instead of keeping the accused/petitioner in the company of hardcore criminals, releasing him on probation with enhancement of fine seems to be best option. Accordingly, while maintaining the conviction of the petitioner, I direct that the accused/petitioner be released on probation on furnishing of probation bond and one surety bond to the satisfaction CRR No.286 of 2011 (O&M) -4- of the learned Trial Court for one year. Petitioner shall also furnish undertaking before the learned trial Court of the effect that petitioner shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However,fine imposed upon the petitioner is enhanced to Rs.20,000/-. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced fine is not deposited, as directed above, or petitioner is found involved in criminal activities during the period of probation, this revision petition shall be deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge March 08, 2011 R.S.