IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 2331 of 2009 Date of decision : October 05, 2009 Pawan Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. M.S. Joshi, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Pawan Kumar has filed this revision petition assailing his conviction and sentence by the courts below. The petitioner and his wife Paramjit Kaur were tried for offence under sections 324 and 323 read with section 34 IPC for causing injuries to Kuldeep Singh. Learned Judicial Magistrate Ist Class, Nabha vide judgment and order dated 24.1.2006 convicted both of them. The petitioner was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs 500/- under section 324 IPC and to undergo rigorous imprisonment for six months and to pay fine of Rs 300/- for offence under section 323 IPC. Both sentences were ordered to run concurrently. Similar sentence was awarded to petitioner's wife Paramjit Kaur. Both of Criminal Revision No. 2331 of 2009 -2- them preferred appeal. Learned Additional Sessions Judge, Patiala vide judgment dated 28.8.2009 ordered release of Paramjit Kaur on probation of good conduct but dismissed the appeal of petitioner Pawan Kumar. Feeling aggrieved, the instant revision petition has been preferred by Pawan Kumar. Notice of motion in the revision petition has been issued re: quantum of sentence only. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that petitioner is in custody since 28.8.2009, the date of judgment of the appellate court i.e. for more than a month. It is also contended that the occurrence took place on 1.4.2003 i.e. six and half years ago. It is also contended that only two simple injuries, one with sharp weapon and other with blunt weapon were allegedly inflicted on non-vital parts of injured Kuldeep Singh. Learned counsel for the petitioner accordingly prays for release of the petitioner on probation. The prayer has been opposed by learned State counsel. I have carefully considered the matter. As noticed hereinabove, the petitioner is facing trial for more than six years. Only one simple injury with sharp weapon and one injury with blunt weapon was caused to injured Kuldeep Singh on non-vital parts. The petitioner is in custody for more than a month. The petitioner is not reported to be previous convict and there is no special reason for denying the benefit of probation. Criminal Revision No. 2331 of 2009 -3- In view of the aforesaid, the petitioner is ordered to be released on probation on furnishing probation bond in the sum of Rs 10,000/- with similar surety undertaking to appear and receive sentence whenever called upon during the period of one year and in the meantime to keep peace and be of good behaviour. The fine amount imposed by the courts below shall be treated as cost of proceedings. On furnishing probation bond to the satisfaction of the trial Magistrate, the petitioner shall be released forthwith, if not required in any other case. With modification in the sentence as aforesaid, the instant revision petition stands disposed of accordingly. ( L.N. Mittal ) October 05, 2009 Judge 'dalbir'