CRR No.363 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.363 of 2011 (O&M) Date of decision: 08.03.2011 Karamjit Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Dr. Anmol Rattan Sidhu, Sr. Advocate, with Mr. V.D. Goyal, Advocate, for the petitioners. 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 was found guilty under Sections 148/323/324/326 read with Section 149 of the Indian Penal Code by Sub Divisional Judicial Magistrate, Dhuri, vide judgment dated 6.1.2007 and was sentenced to undergo imprisonment as under: - “ Accused Karamjit Singh U/s 148 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 324 IPC To undergo rigorous imprisonment for one year and to pay fine of CRR No.363 of 2011 (O&M) -2- Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326/149 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 323/149 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300 and in default of payment of fine to undergo RI for two months. Accused Gurjit Singh U/s 148 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 324 IPC To undergo rigorous imprisonment for one year and to pay fine of CRR No.363 of 2011 (O&M) -3- Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 323/149 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300 and in default of payment of fine to undergo RI for two months. Accused Shamsher Singh U/s 148 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 324/149 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326/149 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 323 IPC To undergo rigorous imprisonment for six months and to pay fine of CRR No.363 of 2011 (O&M) -4- Rs.300/- and in default of payment of fine to undergo RI for two months. Accused Baldev Singh U/s 148 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 324/149 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326/149 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 323 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300/- and in default of payment of fine to undergo RI for two months. Accused Prem Kumar U/s 148 IPC To undergo rigorous imprisonment CRR No.363 of 2011 (O&M) -5- for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 324/149 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326/149 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 323/149 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300/- and in default of payment of fine to undergo RI for two months. Accused Dharminder Singh U/s 148 IPC To undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 324/149 IPC To undergo rigorous imprisonment CRR No.363 of 2011 (O&M) -6- for one year and to pay fine of Rs.500/- and in default of payment of fine to undergo RI for three months. U/s 326/149 IPC To undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default of payment of fine to undergo RI for three months. U/s 323 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300/- and in default of payment of fine to undergo RI for two months. All the sentences were ordered to run concurrently. In appeal preferred by the accused/petitioners learned Appellate Court/Additional Sessions Judge, Sangrur, vide judgment dated 25.1.2011 has reduced the quantum of sentences awarded by the learned trial Court to six months of rigorous imprisonment each under Section 148, 324/149 IPC, one year under Section 326 IPC and three months under Section 323 IPC. 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 148/323/324/326 read with Section 149 and maximum period of sentence awarded is six months, hence the petitioners may be released on probation. CRR No.363 of 2011 (O&M) -7- 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 petitioners in the company of hardcore criminals. Instead of keeping the accused/petitioners in the company of hardcore 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 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 enhanced to Rs.20,000/- 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 CRR No.363 of 2011 (O&M) -8- 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 March 08, 2011 R.S.