CRR No.3354 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3354 of 2010 (O&M) Date of decision: 08.03.2011 Dilawar Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Ashok Kumar Khunger, 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 Section 406 of the Indian Penal Code by Judicial Magistrate, 1st Class, Gidderbaha, judgment dated 14.12.2009 and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo imprisonment for one month. Appeal preferred by the accused/petitioner herein was dismissed and the order of the learned Trial Court was affirmed by learned Appellate Court/Sessions Judge, Sri Muktsar Sahib, vide judgment dated 19.11.2010. Learned counsel for the petitioner submitted that he does not want to press the present revision on merit and requests that since petitioner was found guilty under Section 406 and maximum period of CRR No.3354 of 2010 (O&M) -2- sentence awarded is one year, hence the petitioner may be released on probation. Ms. Bhavna Gupta, learned Deputy Additional 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 to be 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 with 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 the petitioner is enhanced to Rs.5,000/- 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. 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 CRR No.3354 of 2010 (O&M) -3- probation, this revision petition shall be deemed to have been dismissed and the order of Courts below shall become operative automatically. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge March 08, 2011 R.S.