CRR No.361 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.361 of 2011 (O&M) Date of decision: 08.03.2011 Jagdish Chand ....Petitioner 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 petitioner. 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) Petitioner 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: - 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 323 IPC To undergo rigorous imprisonment for six months and to pay fine of Rs.300/- and in default of payment CRR No.361 of 2011 (O&M) -2- of fine to undergo RI for two 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.” All the sentences were ordered to run concurrently. In appeal preferred by the accused/petitioner 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 petitioner does not want to press the present revision on merit and requests that since petitioner was found guilty under Sections 148/323/324/326 read with Section 149 and maximum period of sentence awarded is six months, hence the petitioner may be released on probation. Ms. Bhavna Gupta, learned Deputy Additional Advocate General, Punjab, states that petitioner/revisionist is the first time CRR No.361 of 2011 (O&M) -3- offender and no other criminal case is pending against him. 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 petitioner for all times to come. He has 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 petitioner in the company of hardcore criminals. Instead of keeping the accused/petitioner in the company of hardcore criminals, releasing him 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 petitioner, I direct that the accused/petitioner be released on probation on furnishing of probation bond and one surety bond to the satisfaction of the learned Trial Court for one year. Petitioner shall also furnish undertaking before the learned trial Court of the effect that petitioner shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However,fine imposed upon the petitioner is enhanced to Rs.20,000/- over and above the fine already imposed by the Trial Court to be paid to the injured in equal shares as compensation. The petitioner is 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 petitioner is found involved in criminal activities during the period of probation, this revision petition shall be CRR No.361 of 2011 (O&M) -4- deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge March 08, 2011 R.S.