Criminal Revision No. 1006 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1006 of 2009 Date of decision: 7th May, 2009 Brij Lal ......Petitioner Versus State of Punjab ......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Tejinder K.Joshi, Advocate for the petitioner. Mr.B.B.S.Teji, AAG,Punjab for respondent. RAJIVE BHALLA, J. On 22.04.2009, the petitioner's prayer for setting aside the orders of conviction and sentence was declined. However, notice was issued to Advocate General Punjab, limited to the question of sentence. Counsel for the petitioner submits that the petitioner is 66 years old, has undergone 1 month and 22 days of actual imprisonment, is a first offender, has no previous criminal record and even otherwise, a compromise was effected before the trial Court, but was rejected as the offences were not compoundable. It is further submitted that the petitioner is a daily wager who earns his livelihood by tilling the land. It is therefore, prayed that the petitioner be released on probation. Counsel for the State of Punjab does not oppose the prayer for release of the petitioner on probation and states that there is nothing to suggest that the petitioner is a previous convict or is accused of other offences. 1 Criminal Revision No. 1006 of 2009 I have heard learned counsel for the parties, considered the prayer made by counsel for the petitioner and in view of the facts referred to hereinabove, deem it appropriate to release the petitioner on probation. The petitioner is 66 years old and is a daily wager who earns his daily wages by tilling the land. He has no previous criminal record and is not a previous offender. It is apparent from the record that the petitioner and the complainant entered into a compromise before the trial Court but the compromise was rejected as the offences were non-compoundable. Consequently, taking into consideration the totality of the circumstances referred to hereinabove, and while upholding the conviction and sentence imposed upon the petitioner, the sentence is modified to the extent, that instead of undergoing the remainder of the sentence, the petitioner is directed to be released on probation on executing bonds to the tune of Rs. 20,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Ferozepur. The petitioner is however, directed to file an undertaking to keep peace and maintain good behaviour for one year and to appear and undergo sentence as and when called upon to do so. [RAJIVE BHALLA] JUDGE 7th May, 2009 SKaushik 2