CRR No.56 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.56 of 2011 (O&M) Date of decision: 20.01.2011 Jit Pal ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Saurav Khurana, 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) CRM No.1194 of 2011 For the reasons mentioned, delay of eight days in filing the revision is condoned. CM stands allowed. CRR No.56 of 2011 Petitioner was found guilty under Sections 419/420/465/468/471 of the Indian Penal Code and Section 7 of the Essential Commodities Act by the learned Trial Court and was ordered to undergo imprisonment as under: - (i) To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days for the offence under Section 419 IPC. (ii) To undergo rigorous imprisonment for a period of two CRR No.56 of 2011 (O&M) -2- years and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days for the offence under Section 420 IPC. (iii) To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days for the offence under Section 465 IPC. (iv) To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence under Section 468 IPC. (v) To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month for the offence under Section 471 IPC. (vi) To undergo rigorous imprisonment for a period of one year for the offence under Section 7 of the Essential Commodities Act. All the sentences awarded to the accused were ordered to run concurrently. In appeal preferred by the accused/petitioner, learned Appellate Court/Additional Sessions Judge, Kapurthala, vide judgment dated 27.9.2010, reduced the sentence under Sections 468 and 471 of the Indian Penal Code from rigorous imprisonment for three years to rigorous imprisonment for two years, while the fine and sentence awarded for the other offences is maintained. Learned counsel for the petitioner does not want to press the present revision on merit and only requests that since petitioner was found guilty under Sections 419/420/465/468/471 IPC and Section 7 of the Essential Commodities Act and maximum period of sentence awarded is two years, hence the petitioner may be released on probation. CRR No.56 of 2011 (O&M) -3- Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. 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 petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. Considering totality of the facts and circumstances of this case while maintaining the conviction of the petitioner in this case, I direct that the accused/petitioner be released on probation on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year With above mentioned modification, this revision petition is disposed of. (Alok Singh) January 20, 2011 Judge R.S.