CRR No.3270 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3270 of 2011 (O&M) Date of decision: 23.12.2011 Ram Naresh and another ....Petitioners Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Anil Malik, Advocate, for the petitioners. 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) Notice of motion. On being asked, Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, has accepted notice on behalf of the State. With the consent of learned counsel for the parties, present petition is being disposed of at the admission stage. Petitioners were found guilty and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- each for the commission of offence punishable under Section 411 IPC and in default of payment of fine to further undergo simple imprisonment for two months by SDJM, Loharu, vide order dated 20.5.2010. Appeal preferred by the accused/petitioners was dismissed and order/judgment passed by learned trial Court was affirmed by learned CRR No.3270 of 2011 (O&M) -2- Appellate Court/Additional Sessions Judge-III, Bhiwani, vide judgment dated 1.12.2011. Learned counsel for the petitioners does not want to press the present revision on merit. Learned counsel for the petitioners states that petitioners are first time offenders; no other criminal case is pending against them, therefore, to release them on probation may be considered sympathetically. Mr. Gaurav Dhir, DAG, Haryana, states that petitioner/revisionists are the first time offenders and no other criminal case is pending against them. 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 petitioners for all times to come. They have suffered mental agony due to registration of this criminal case against them. In the opinion of this Court, no useful purpose would be served by keeping the petitioners in the company of hardcore criminals. Instead of keeping the accused/petitioners in the company of hardcore criminals, releasing them on probation seems to be best option to avoid tension and to maintain harmony between the parties. Accordingly, while maintaining the conviction of the petitioners, I direct that the accused/petitioners be released on probation on furnishing of probation bond and one surety bond each to the satisfaction of the learned Trial Court for one year. Petitioners shall also furnish undertaking before the learned trial Court of the effect that petitioners shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However,fine imposed upon the petitioners is CRR No.3270 of 2011 (O&M) -3- enhanced to Rs.10,000/- each over and above the fine already imposed by the Trial Court. Petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above, or petitioners are found involved in criminal activities during the period of probation, this revision petition shall be deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge December 23, 2011 R.S.