IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 2041 of 2009 Date of decision : October 21, 2009 Krishan Chand ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Jasbir Singh Mor, Advocate, for the petitioner L.N. Mittal, J. (Oral) Krishan Chand has filed this revision petition challenging his conviction and sentence by the courts below. The petitioner was tried under sections 420 and 465 IPC on the allegations that while taking University examination, he substituted his original answer sheet with a duplicate answer sheet bearing same serial number. Both the answer sheets had been printed in the University Press but the serial number on the duplicate answer sheet had not been printed in the University Press. Learned Additional Chief Judicial Magistrate, Kaithal vide judgment dated 6.10.2006 convicted the petitioner under sections 420 and 465 IPC and vide order dated 10.10.2006 sentenced the petitioner to undergo rigorous imprisonment for three years and to pay fine of Rs 5000/- under section 420 IPC and to undergo rigorous imprisonment for one year Criminal Revision No. 2041 of 2009 -2- and to pay fine of Rs 1000/- under section 465 IPC. Both the sentences were ordered to run concurrently. In appeal preferred by the petitioner, learned Additional Sessions Judge, Kaithal vide judgment dated 24.1.2009 while maintaining conviction of the petitioner reduced the sentence of imprisonment to the period already undergone by the petitioner but sentence of fine was maintained. I have heard learned counsel for the petitioner and gone through the case file. Learned counsel for the petitioner while not challenging the conviction of the petitioner for which there is concurrent finding of fact by both the courts below based on appropriate appreciation of evidence, prayed for release of the petitioner on probation. Notice of motion limited to the aforesaid prayer. Mr. Sidharth Sarup, AAG Haryana accepts notice on behalf of the State of Haryana. Copy of the paper book be supplied to him. I have heard learned counsel for the parties and perused the case file. The occurrence took place on 14.6.1996 i.e. more than 13 years ago. The petitioner has already been disqualified by the University for three years from appearing in any examination of the University. The petitioner is not reported to be a previous convict. Keeping in view all the circumstances, I find it to be a fit case for releasing the petitioner on probation. Accordingly, the petitioner is ordered to be released on probation of good conduct on furnishing probation bond to the satisfaction of learned trial Magistrate in the sum of Rs 25,000/- with one similar surety Criminal Revision No. 2041 of 2009 -3- 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 the proceedings. If probation bond is not furnished within two months, the instant revision petition shall be deemed to have been dismissed. With modification in sentence as aforesaid, the revision petition stands disposed of accordingly. ( L.N. Mittal ) October 21, 2009 Judge 'dalbir'