C.R.R. No.2219 of 2004 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.2219 of 2004 (O&M) Date of Decision : 01.03.2011 Jaswant Singh and others ……Petitioners Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. I.S. Brar, Advocate for the petitioners. Mr. S.S. Chandumajra, D.A.G., Punjab. *** AJAY TEWARI, J. (Oral) Learned counsel for the petitioners states that the peti- tioner No.1 is died. Consequently, the petition qua petitioner No.1 is rendered infructuous. This petition has been filed against the concurrent convic- tion of the petitioners under Sections 323, 324, 326 and 34 IPC. At the very outset, learned counsel for the petitioners states that he is not pressing the petition qua the conviction but only on the quantum of sentence. As per the custody certificate placed C.R.R. No.2219 of 2004 (O&M) -2- on record by the learned Deputy Advocate General, Punjab all the surviving petitioners have undergone between 4 months and 4½ months out of the total sentence of 1½ years. Learned counsel for the petitioners has stated that now there are no differences between the petitioners and the complainant family and they are living peace- fully in the village. He further states that the petitioners are ready to compensate the injured persons also. In my opinion, the request made by learned Counsel for the petitioners cannot be termed to be unfair. In the circumstances, the surviving petitioners are di- rected to deposit a sum of Rs.60,000/- in the learned trial Court jointly and severely on or before 01.04.2011 which shall be disbursed by the learned trial Court to the three persons who are injured in the occurrence. The petitioners are admittedly the first offenders. In these circumstances, I deem it appropriate to release the petitioners on probation under Section 4(1) of the Probation of Offenders Act, 1958 to the satisfaction of the C.J.M./Duty Magistrate, Faridkot subject to the condition that the petitioners will deposit an amount of Rs.60,000/- to the injured persons. Ordered accordingly. Let the petitioners be released forthwith. In case the said amount is not deposited, this petition shall be deemed to have been dismissed and the surviving petitioners are liable to be arrested to serve out the remaining part of their sentence. Petition stands disposed of. C.R.R. No.2219 of 2004 (O&M) -3- ( AJAY TEWARI ) March 01, 2011 JUDGE ashish