CRR No.2362 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2362 of 2011 (O&M) Date of decision: 03.10.2011 Kashmir Chand and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Gurmeet Singh, Advocate, for the petitioners. 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) Learned counsel for the petitioners has submitted that he does not want to press this petition on merit. He, however, submits that case of the revisionists to release them on probation of good conduct with payment of some compensation to the injured under Section 357 Cr.P.C. be considered sympathetically. Notice on the limited question as to whether revisionists should be released on probation of good conduct for the period of two years with fine/compensation to be paid to the injured under Section 357 Cr.P.C. On being asked, Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, has accepted notice. With the consent of the learned counsel for the parties, present petition is being disposed of at this stage. CRR No.2362 of 2011 (O&M) -2- Petitioners were found guilty under Sections 325, 323, 34 IPC by Judicial Magistrate, Ist Class, Dasuya, vide judgment dated 30.11.2010 and were sentenced to undergo imprisonment as under: - (1) Kashmir Chand was sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/-, in default of payment of fine simple imprisonment of 15 days under Section 325 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 IPC. (2) Jaswinder Singh @ Laddo was sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/- in default of payment of fine simple imprisonment of 15 days under Section 325 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 34 IPC. (3) Lakhwinder Singh was sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/- in default of payment of fine simple imprisonment of 15 days under Section 325 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 34 IPC. (4) Jaswinder Singh @ Laddi was sentenced to undergo rigorous imprisonment for one year and fine of Rs.1000/- in default of payment of fine simple imprisonment of 15 days under Section 325 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 IPC. All the sentences were ordered to run concurrently. In appeal preferred by the accused/petitioners learned Appellate Court/Additional Sessions Judge, Hoshiarpur, vide judgment CRR No.2362 of 2011 (O&M) -3- dated 18.8.2011 has affirmed the judgment passed by learned trial Court. Mr. Jaswinder Singh, leraned Deputy Advocate General, Punjab, states that petitioners/revisionists are the first time offenders and no other criminal case is pending against them. 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 petitioners for all times to come. They have 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 petitioners in the company of hardcore criminals. Instead of keeping the accused/petitioners in the company of hardcore criminals, releasing them 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 petitioners, I direct that the accused/petitioners be released on probation on furnishing of probation bond and one surety bond each to the satisfaction of the learned Trial Court for two years. Petitioners shall also furnish undertaking before the learned trial Court of the effect that petitioners shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However,fine imposed upon the petitioners is enhanced to Rs.25,000/- each over and above the fine already imposed by the Trial Court to be paid to the injured. The petitioners are 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 CRR No.2362 of 2011 (O&M) -4- Procedure. It is made clear that in case enhanced amount is not deposited, as directed above, or petitioners are found involved in criminal activities during the period of probation, this revision petition shall be deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge October 03, 2011 R.S.