Crl. Revision No. 1806 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1806 of 2011 (O&M) Date of decision:- 07.09.2011 Jaswant Rai and others ....Petitioners Vs. State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Kanwarjit Singh Dhillon, Advocate, for the petitioners. Mr. Baljinder Singh Sra, Addl. A.G., Punjab. ***** A.N. JINDAL, J (ORAL) Custody certificates produced by Mr. Baljinder Singh Sra, Addl. A.G., Punjab are taken on record. Assailed in this petition is the judgment dated 07.07.2011 passed by the Additional Sessions Judge, Jalandhar, dismissing the appeal preferred by the accused-petitioners (hereinafter referred to as 'the petitioners') against the judgment of conviction and order of sentence dated 31.03.2010 passed by the Judicial Magistrate, Ist Class, Jalandhar. The conviction, as recorded by the Courts below under Sections 324, 323, 34 IPC, not assailed, but the only prayer made by learned counsel is for extending some leniency on the quantum of sentence. It was urged that the prayer of probation was not Crl. Revision No. 1806 of 2011 (O&M) 2 considered by the Courts below. In view of the fact that the petitioners have already undergone some part of the substantive sentence; they are the sole bread winners of their families; they are stated to be the first offenders, it would be in the fitness of things if the petitioners are extended the benefit of probation under the Probation of Offenders Act, 1958. In the peculiar circumstances of the case, this petition is dismissed with modification in the sentence to the extent that the petitioners are directed to be released on probation on their furnishing personal bonds in the sum of Rs.5000/- with one surety in the like amount each before the trial Court, to keep peace and be of good behaviour for one year and in case of breach of conditions of the bonds, they will be ready to serve sentence as and when called for. The sentence of fine is converted into costs of litigation. (A.N.JINDAL) 07.09.2011 JUDGE ajp