CRR No.1862 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR No.1862 of 2011 (O&M) Date of decision:- 19.09.2011 Rohtash @ Nanha ....Petitioner Vs. State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Bijender Dhankhar, Advocate, for the petitioner. Mr. Amit Rana, DAG, Haryana. ***** A.N. JINDAL, J (ORAL) Custody certificate, produced by Mr. Amit Rana, DAG, Haryana, is taken on record. Assailed in this petition is the judgment dated 06.08.2011 passed by the Sessions Judge, Sonepat, dismissing the appeal preferred by the accused-petitioner (hereinafter referred to as 'the petitioner') against the judgment of conviction dated 12.05.2010 and order of sentence dated 18.05.2010, under Sections 323, 325, 452 IPC, passed by the Judicial Magistrate, Ist Class, Sonepat. No argument has been raised to assail the judgment of conviction. The only prayer made by the learned counsel for the petitioner is that some leniency may be shown on the quantum of CRR No.1862 of 2011 (O&M) 2 sentence and if possible, he may be released on probation. In view of the fact that the petitioner hails from poor strata; the grievous injury suffered by Pirthi is on the non-vital part of his body, he has already undergone 01 month and 16 days out of the substantive sentence; he has been facing trial since 2001 and he is stated to be the first offender, therefore, it would be in the fitness of things if the petitioner is extended the benefit of probation under the Probation of Offenders Act, 1958. Consequently, this petition is dismissed with modification in the sentence to the extent that the petitioner is directed to be released on probation on his furnishing personal bond in the sum of Rs.5000/- with one surety in the like amount before the trial Court, to keep peace and be of good behaviour for one year and in case of breach of conditions of the bond, he will be ready to serve sentence as and when called for. However, the petitioner is also directed to pay compensation to the complainant to the tune of Rs.10,000/-, which he will deposit with the trial Court within two months from today and the same would be paid to the complainant against proper identification. The amount of fine would be treated as costs of litigation. (A.N.JINDAL) September 19, 2011 JUDGE ajp