CRR No.3082 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3082 of 2010 (O&M) Date of decision: 27.01.2011 Darshan Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. SPS Sidhu, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 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) Petitioners were found guilty under Sections 323/324/325/326 read with Section 149 and Section 148 of the Indian Penal Code and were sentenced to undergo imprisonment as under: - (i) Under Section 323 read with Section 149 IPC – Rigorous imprisonment for a period of six months each. (ii) Under Section 324 read with Section 149 IPC - Rigorous imprisonment for a period of six months each. (iii) Under Section 325 read with Section 149 IPC – Rigorous imprisonment for a period of one year and fine of Rs.500/- each in default of payment of fine, rigorous imprisonment for seven days each. CRR No.3082 of 2010 (O&M) -2- (iv) Under Section 326 read with Section 149 IPC – Rigorous imprisonment for a period of one year and fine of Rs.500/- each in default of payment of fine, rigorous imprisonment for seven days each. (v) Under Section 148 IPC – Rigorous imprisonment for a period of six months each. All the sentences were ordered to run concurrently. Appeal preferred by the accused/petitioners herein was dismissed and the order of the learned Trial Court was affirmed by the learned Appellate Court/Additional Sessions Judge, Tarn Taran, vide judgment dated 15.11.2010. Learned counsel for the petitioners does not want to press the present revision on merit and requests that since petitioners were found guilty under Sections 323/324/325/326 read with Section 149 and Section 148 IPC and maximum period of sentence awarded is one year, hence the petitioners may be released on probation. Ms. Bhavna Gupta, learned Deputy Additional Advocate General, Punjab, states that petitioners/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 petitioner in the company of hardcore criminals. Instead of keeping the accused/petitioners in the company of hardcore CRR No.3082 of 2010 (O&M) -3- criminals, releasing them on probation with enhancement of fine to be paid to the injured as compensation under Section 357 Cr.P.C. 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 one surety bond 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 enhanced to Rs.6,000/- each over and above the fine already imposed by the Trial Court. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the injured as compensation under Section 357 of the Code of Criminal Procedure. 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 January 27, 2011 R.S.