CRR No.3368 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3368 of 2010 (O&M) Date of decision: 20.01.2011 Satish Kumar ....Petitioner Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Jitender Dhanda, Advocate, for the petitioner. Mr. S.K. Hooda, Addl. A.G., Haryana. 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 498-A/406 of the Indian Penal Code by the learned Trial Court and was ordered to undergo imprisonment as under: - (i) A rigorous imprisonment for a period of two years and a fine of Rs.2000 for committing an offence punishable under Section 498-A IPC. In default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of three months. (ii) A rigorous imprisonment for a period of one year and a fine of Rs.1000/- for committing offence punishable under Section 406 IPC. In default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of one month. Both the substantive sentences awarded to the accused were ordered to run concurrently. In appeal preferred by the accused/petitioner, learned Appellate Court/Additional Sessions Judge, Fatehabad, vide judgment dated 6.12.2010, reduced the substantive CRR No.3368 of 2010 (O&M) -2- sentence awarded for the commission of offence under Section 498-A IPC from two years to one year and the order on sentence awarded under Section 406 IPC was affirmed. Learned counsel for the petitioner does not want to press the present revision on merit and only requests that since petitioner was found guilty under Sections 498-A/406 IPC and maximum period of sentence awarded is one year, hence the petitioner may be released on probation. Learned counsel for the petitioner further stated that decree of divorce has already been granted in favour of the petitioner against the wife on the ground of cruelty and desertion. Mr. S.K. Hooda, learned Additional Advocate General, Haryana, 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. Considering totality of the facts and circumstances of this case while maintaining the conviction of the petitioner in this case, I direct that the accused/petitioner be released on probation on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year With above mentioned modification, this revision petition is disposed of. (Alok Singh) January 20, 2011 Judge R.S.