CRR No.84 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.84 of 2011 (O&M) Date of decision: 02.02.2011 Manjit Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Rahul Sharma, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, 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) This revision petition is filed by the revisionist petitioner against the judgment dated 12.3.2010 passed by learned Sessions Judge, Patiala, as well as judgment dated 26.9.2009 passed by the learned Sub Divisional Judicial Magistrate, Nabha, whereby petitioner is convicted under Sections 304A/279 IPC and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2000/- and in default of payment of fine to further undergo RI for a period of one month for the commission of offence under Section 304-A IPC. He was further sentenced to undergo rigorous imprisonment for a period of six months onlyfor the commission of offence under Section 279 IPC. Learned counsel for the petitioner has stated that he is not pressing revision on merits and is not challenging conviction awarded CRR No.84 of 2011 (O&M) -2- by both the Courts below, however, he has argued that petitioner is entitled to be released on probation under the Probation of Offenders Act. In the opinion of this Court to send first time offender to the jail in the company of hardcore criminals would not be desirable instead releasing the first time offender on probation for a period of one year with the enhancement of the fine to be paid to the LRs of the deceased as compensation under section 357 of the Code of Criminal Procedure can meet the ends of justice. Considering totality of the facts and circumstances of the case, while maintaining the conviction of the petitioner, the present petition is disposed of with the direction that petitioner be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing his personal bond and undertaking with one surety to the satisfaction of the learned Trial Court that he will keep peace and be of good behaviour. In case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the petitioner is enhanced to Rs.25,000/-. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. On deposit so being made, the Trial Court shall issue notice to the LRs of the deceased and disburse the amount to them forthwith. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall stand revived automatically. With above mentioned modification, this revision petition CRR No.84 of 2011 (O&M) -3- stands disposed of. (Alok Singh) Judge February 02, 2011 R.S.