CRR No.8 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.8 of 2011 (O&M) Date of decision: 16.02.2011 Lekh Raj ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.S. Hira, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, Punjab. Mr. K.S. Dhillon, Advocate, for the complainant. 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 325/323 of the Indian Penal Code and was sentenced to undergo imprisonment as under: - (i) Rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to undergo rigorous imprisonment for fifteen days for the commission of offence under Section 325 IPC. (ii) To pay a fine of Rs.1000/- and in default of payment of fine, to undergo imprisonment for fifteen days for the commission of offence under Section 323 IPC. Appeal preferred by the accused/petitioner herein was dismissed and the order of the learned Trial Court was affirmed by the CRR No.8 of 2011 (O&M) -2- learned Appellate Court/Additional Sessions Judge, Jalandhar, vide judgment dated 9.12.2010. 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 325/323 IPC and maximum period of sentence awarded is one year, hence the petitioner may be released on probation. Mr. Jaspreet Singh, learned Assistant 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 him. 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 to be paid to the injured as compensation under Section 357 Cr.P.C. seems to be best option to avoid tension and to maintain harmony between the parties. Accordingly, while maintaining the conviction of the petitioner, I direct that the accused/petitioner be released on probation on furnishing of probation bond one surety bond to the satisfaction 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 CRR No.8 of 2011 (O&M) -3- the petitioner is enhanced to Rs.10,000/- over and above the fine already imposed by the Trial Court. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the injured as compensation under Section 357 of the Code of Criminal Procedure. It is made clear that in case enhanced amount 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 February 16, 2011 R.S.