Crl. Revn. No. 1843 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Revn. No. 1843 of 2009 Date of Decision : August 07, 2009 Raj Kumar @ Raja and others .... Petitioners Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Ms. Sonika Kapadia, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. * * * L. N. MITTAL, J. (Oral) : Raj Kumar @ Raja, Mangal and Krishan have filed this revision petition assailing their conviction and sentence by the courts below. Krishan stands convicted under Section 323 and 324 of the Indian Penal Code (in short – IPC) and the remaining two accused have been convicted for the said offences with the aid of Section 34 IPC by learned Judicial Magistrate Ist Class, Ludhiana vide judgment dated 12.04.2006 and each of them has been sentenced vide order of even date to undergo imprisonment for six months under Section 323 IPC along with fine of Rs.100/- and imprisonment of one year under Section 324 IPC along with fine of Rs.200/-. Appeal preferred by the petitioners stands dismissed vide Crl. Revn. No. 1843 of 2009 2 judgment dated 10.07.2009 by learned Additional Sessions Judge (Fast Track Court), Ludhiana. Notice in the instant revision petition has been issued only regarding quantum of sentence. I have heard learned counsel for the parties on the quantum of sentence and perused the case file. Custody Certificates filed today in Court by learned State counsel are taken on record. Petitioner Raj Kumar @ Raja has already remained in custody for 10 months and 14 days and other two petitioners have remained in custody for 28 days each. However, learned counsel for the petitioners prays that the petitioners be released on probation. The prayer has been opposed by learned State counsel. The petitioners are not reported to be previous convicts. The occurrence took place almost five years ago (on 28.08.2004). The petitioners have been convicted only for causing simple injuries. Out of twelve injuries, seven were abrasions only. Keeping in view all the circumstances, I find it to be a fit case to release the petitioners on probation. There is no special reason to deny the said benefit to them. In view of the aforesaid, the petitioners are ordered to be released on probation on furnishing probation bonds in the sum of Rs.10,000/- with one similar surety each undertaking to appear and receive sentence whenever called upon during period of one year and in the meantime, to keep peace and to be of good behaviour. The fine amount imposed by the courts below shall be treated as cost of the proceedings. In addition, the petitioners shall pay Rs.2,500/- each as compensation for the injured. On furnishing of probation bonds and deposit of compensation amount with the trial court, the petitioners shall be released immediately, if not required in any other case. On deposit of compensation amount, trial court shall issue notice to the injured and shall pay the compensation Crl. Revn. No. 1843 of 2009 3 amount to him. With modification in sentence as aforesaid, the revision petition stands disposed of accordingly. August 07, 2009 ( L. N. MITTAL ) monika JUDGE