Criminal Revision No.320 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.320 of 2005 Date of Decision: 08.02.2011. Mohd. Salim Khilji ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mrs. Baljit Kaur Mann, Advocate, for the petitioner. Mr. Ranvir S. Chauhan, D.A.G. Punjab, for the respondent-State. NAWAB SINGH.J (ORAL) This revision is directed against the judgment dated February 1st, 2005 passed by Additional Sessions Judge (Ad- hoc), Fast Track Court, Sangrur, affirming the judgment of conviction and order of sentence dated February 21st, 2003 of Additional Chief Judicial Magistrate, Sangrur whereby petitioner was convicted and sentenced as under: - Offence Sentence Fine In default 323 IPC RI for 3 months -- -- 498-A IPC RI for 2 years ` 1000/- RI for 3 months The sentences were ordered to run concurrently. 2. Learned counsel for the petitioner has urged that she does not challenge the conviction but only prays for release of petitioners on probation on the grounds that, (i) petitioner is a practising lawyer; (ii) he being muslim has married a second time; (iii) after registration of present case there has never been any dispute between the husband and wife; (iv) wife is residing separately with two daughters born out of the wedlock; (v) occurrence took place in Criminal Revision No.320 of 2005 2 the year 1996, that is, 15 years ago; (vi) petitioner is regularly paying maintenance to his first wife and the daughters; (vii) third daughter has born out of the second wife; (viii) he is a heart patient as per medical record (Annexure P1). Besides, he has undergone actual sentence of 29 days. 3. In view of the facts and circumstances, the conviction of the petitioner is upheld but it is ordered that instead of being sentenced to any punishment the petitioner be released on probation of good conduct under Section 4 of the Probation of Offenders Act provided that he enters into bonds in the sum of Rs.10,000/- for a period of one year to the satisfaction of Chief Judicial Magistrate, Sangrur. He shall receive the sentence if and when called by the Court during the said period and shall maintain the peace and be of good behaviour in the meantime. 4. The revision is disposed of accordingly. 08.02.2011 (NAWAB SINGH) SN JUDGE