CRR No.2033 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2033 of 2010 (O&M) Date of decision: 02.02.2011 Baljit Singh alias Meeta ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Narinder S. Lucky, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, 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) This revision petition is filed by the revisionist petitioner against the judgment dated 13.7.2010 passed by learned Additional Sessions Judge, Barnala, as well as judgment of conviction and order of sentence dated 7.5.2010/8.5.2010 passed by the learned Chief Judicial Magistrate, Barnala, whereby petitioner is convicted under Section 304A IPC and was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.10,000/- and in default of payment of fine to further undergo RI for a period of three months Learned counsel for the petitioner has stated that he is not pressing revision on merits and is not challenging conviction awarded by both the Courts below, however, he has argued that petitioner is entitled to be released on probation under the Probation of Offenders Act. In the opinion of this Court to send first time offender to the CRR No.2033 of 2010 (O&M) -2- jail in the company of hardcore criminals would not be desirable instead releasing the first time offender on probation for a period of one year with the enhancement of the fine to be paid to the LRs of the deceased as compensation under section 357 of the Code of Criminal Procedure can meet the ends of justice. Considering totality of the facts and circumstances of the case, while maintaining the conviction of the petitioner, the present petition is disposed of with the direction that petitioner be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of two years on furnishing his personal bond and undertaking with one surety to the satisfaction of the learned Trial Court that he will keep peace and be of good behaviour. In case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the petitioner is enhanced to Rs.25,000/-. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. On deposit so being made, the Trial Court shall issue notice to the LRs of the deceased and disburse the amount to them forthwith. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall stand revived automatically. With above mentioned modification, this revision petition stands disposed of. (Alok Singh) February 02, 2011 Judge R.S.