Criminal Revision No.47 of 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: January 31, 2008 Bihari Lal … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Sh. Anhul Singh, Advocate for the petitioner. Sh. Manmohan Sikka, AAG Haryana for the respondent. K.S.Ahluwalia, J. (Oral) The present revision petition has been filed by Bihari Lal son of Raghbir Singh. He was tried in case FIR No. 47 dated 26.02.1989 at police station city, Bhiwani under Sections 323 and 325 IPC. He was convicted by the Court of Judicial Magistrate (1st Class), Bhiwani and was sentenced to undergo six months rigorous imprisonment and a fine of Rs.200/- under Section 323 IPC and in default of payment of fine, to undergo 10 days simple imprisonment. He was also sentenced under Section 325 IPC to undergo two years rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, to undergo two months simple imprisonment. Aggrieved against the same, petitioner had filed appeal. Sessions Judge Bhiwani, while deciding the appeal, maintained the conviction and reduced the sentence under Section 325 to one year and enhanced the fine to Rs.700/- and in default of payment of fine, to undergo rigorous imprisonment for two months. Conviction under Section 323 IPC was set aside. Criminal Revision No.47 of 1992 2 Sh.Anhul Singh appearing for the petitioner has stated that in the present case, occurrence has taken place on 17th February, 1989. Petitioner has suffered a protracted trial for 19 years. He has further stated that the appeal of the petitioner was decided on 15th January, 1992 and he was taken into custody. He was granted bail by this Court on 22nd January, 1992. Protracted trial for 19 years, especially when petitioner, as per the judgment of the Trial Court, was 25 years then, can be construed as mitigating circumstances. Sh.Anhul Singh has further stated that in the last 19 years, petitioner has committed no offence. Both, petitioner and the injured are living peaceful life. Taking the submissions of Mr.Anhul Singh into consideration, I find no justification in sending the petitioner behind the bars. He is ordered to be released on probation under Probation of Offenders Act for a period of one year. On his furnishing bonds/ surety bonds to the satisfaction of Chief Judicial Magistrate Bhiwani, petitioner will be released on probation for a period of one year. The cost of litigation is assessed as Rs.15,000/-. The cost shall be deposited on or before 15th April, 2008. In case of non-deposit of the cost and non-furnishing of bonds on or before 15th April, 2008 the present revision petition shall stand dismissed. [Kanwaljit Singh Ahluwalia] Judge January 31, 2008. rps