C.R.R. No.3122 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.3122 of 2010 (O&M) Date of Decision : 21.02.2011 Baljinder Singh ……Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. B.S. Sewak, Advocate for the petitioner. Mr. U.S. Dhaliwal, Addl.A.G., Punjab. *** AJAY TEWARI, J. (Oral) C.R.R. No.3122 of 2010 (O&M) -2- The petitioner-accused has assailed the judgment dated 17.11.2010 passed by Additional Sessions Judge, Mohali, dismissing his appeal against the judgment dated 16.02.2010, passed by Judi- cial Magistrate Ist Class, Kharar, convicting and sentencing him to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs.500/- under Section 279 IPC, rigorous imprisonment for a period of 1 year and to pay a fine of Rs.500/- under Section 338 IPC and to further undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.500/- under Section 304-A IPC. ‘ Certified copy of the order dated 03.02.2011 filed in Court is taken on record. On January 31, 2011 the following order was passed:- “On 10.12.2010, the following order was passed:- “Heard. It appears that on payment of some compensation to the heirs of the deceased, in the interest of justice, the sentence of imprison- ment of two years could be re- duced to some extent. Notice of motion for January 31, 2011. Counsel for the petitioner may seek instructions meanwhile whether the petitioner is ready to deposit a sum of Rs.50,000/- with the trial Court for payment as com- pensation to the heirs of the de- ceased.” C.R.R. No.3122 of 2010 (O&M) -3- Learned counsel for the petitioner states that petitioner is ready to deposit a sum of Rs.50,000/- as ordered. Learned counsel for the petitioner has requested to move an application for impleading the legal heirs of the deceased. Permitted to do so. Adjourned to 16.02.2011 to enable the learned counsel for the petitioner to move an ap- plication for impleading the LRs and to submit the report that deposit of Rs.50,000/- have been made. In the meantime, the petitioner be re- leased on bail to the satisfaction of C.J.M./Duty Magistrate, Mohali.” Today the learned counsel for the petitioner has placed on record the certified copy of the orders of the learned trial Court whereby the petitioner has deposited a sum of Rs.50,000/- which has also been released to the LRs of the deceased. Learned counsel for the petitioner has argued that the petitioner is the first offender and has also urged for extending some leniency on the quantum of sentence of the petitioner. This fact has been accepted by the learned Additional Advocate General, Punjab. In these circumstances, I deem it appropriate to release the petitioner on probation under Section 4(1) of the Probation of Offenders Act, 1958 to the satisfaction of the C.J.M./Duty Magistrate, C.R.R. No.3122 of 2010 (O&M) -4- Mohali. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) February 21, 2011 JUDGE ashish