Crl. Rev. No. 2616 of 2004 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 2616 of 2004 Date of Decision: Dec. 22,2009 Vicky Sharma ........................................ Petitioner Versus State of Punjab................................... Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: Mr. Anupam Bhardwaj, Advocate for the petitioner. Mr. Rajesh Bhardwaj, Addl. A.G. Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner faced trial for having committed the offence under Sections 354/379/506/323 IPC. The Chief Judicial Magistrate, Amritsar, vide judgment dated 1.2.2002 held that the prosecution has been able to prove the charges under Sections 354 and 506 IPC and sentenced the petitioner to undergo rigorous imprisonment for nine months. However, the petitioner was acquitted of the charges under Sections 323 and 379 IPC. In the appeal filed by the petitioner, the Additional Sessions Judge, Amritsar, vide judgment dated 3.12.2004 Crl. Rev. No. 2616 of 2004 [ 2 ] acquitted the petitioner of the charges under Section 354 IPC. However, his conviction under Section 506 IPC was upheld. The Additional Sessions Judge, Amritsar, further held that as the petitioner is the first offender, therefore, the benefit of probation could be extended to him and, therefore, the petitioner was ordered to be released on probation for a period of one year on his furnishing probation bonds in the sum of Rs.10,000/- with one surety in the like amount with the undertaking to keep peace and be of good behaviour and to appear in Court to receive sentence as and when directed to do so during the period of probation. The petitioner was also directed to pay Rs.2,000/- as costs of litigation. The petitioner, however, failed to furnish the probation bonds as ordered by the Additional Sessions Judge, Amritsar, and, therefore, the sentence, as awarded by the trial Court under Section 506 IPC, was upheld and the petitioner was ordered to be taken into custody. The petitioner has filed the present revision impugning the judgments of the Courts below. Since counsel for the petitioner has not assailed the conviction of the petitioner, therefore, conviction recorded by the Courts below is upheld. Counsel for the petitioner has submitted that the petitioner was ordered to be released on probation as he was the first offender and as he was unable to furnish the probation bond, hence, the sentence under Section 506 IPC has remained intact. Crl. Rev. No. 2616 of 2004 [ 3 ] Learned counsel submits that the petitioner is ready and willing to furnish the probation bonds now. Keeping in view the fact that the petitioner is the first offender, therefore, he is ordered to be released on probation under Section 4(1) of Probation of Offender's Act 1958 for a period of one year on his furnishing probation bonds in the sum of Rs.10,000/- with one surety in the like amount with further undertaking that he shall maintain peace and harmony and be of good behaviour during the period of probation. The petitioner is also directed to pay Rs.5,000/- as litigation expenses. The probation bonds shall be furnished by the petitioner before the trial Court within a period of one month from today failing which he shall undergo the sentence as imposed by the Courts below under Section 506 IPC. The revision petition is disposed of in the above terms. 22.12.2009 ( ASHUTOSH MOHUNTA ) Rupi JUDGE