IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1497 of 2009 Date of Decision:- 25.11.2009 Pappu Singh @ Gurmit Singh and others ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Jagjit Gill, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioners submits that he does not want to press the present petition on merits. However, he submits that the petitioners are the sole bread-winners of their respective families and have to support their wives and children who are all minor and school going. He further contends that the petitioners have faced the agony of trial/appeal for the last more than 6 years and, therefore, they may be enlarged on probation. After the conviction also, the petitioners have undergone sentence of about six months. Counsel, prays that the petitioners may be released on probation so that they are in a position to support their families failing which the families would be starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioners. Keeping in view the totality of the circumstances of the case and in the light of the fact that the petitioners have their families to support, and being the sole bread-winners of the family apart from the fact that they Crl.Rev.No.1497 of 2009 -2- have been facing the agony of trial/appeal for the last more than 6 years, it would be in the interest of justice that the petitioners are released on probation. For the afore-stated reasons, the revision petition is partly allowed. The order of conviction passed against the present petitioners are maintained whereas the order of sentence qua them is set aside and the petitioners are ordered to be released on probation for a period of one year. They shall execute bonds to the satisfaction of the Chief Judicial Magistrate, Chandigarh, with an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive the sentence during the said period as and when called upon to do so. The amount of fine already deposited shall be treated as costs of the proceedings. November 25, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE