CRR No.3083 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3083 of 2011 (O&M) Date of decision: 09.12.2011 Amarjit Singh and another ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. H.S. Dhindsa, 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) Notice of motion. On being asked, Mr. Raghbir Chaudhary, learned Senior Deputy Advocate General, Punjab, accepts notice on behalf of the State. With the consent of the learned counsel for the parties, present petition is being disposed at this admission stage. Petitioners were found guilty and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of 15 days for the commission of offences under Sections 420, 468, 471, 120-B of the Indian Penal Code by Chief Judicial Magistrate, Moga, vide judgment dated 10.11.2009. In appeal preferred by the accused/petitioner, learned Appellate Court/Additional Sessions Judge, Moga, vide judgment dated 18.11.2011 modified the order of learned trial Court qua sentence only CRR No.3083 of 2011 (O&M) -2- as under and dismissed the appeal: - 1. Amarjit Singh for offence under Section 420 IPC and Raghbir Singh under Section 420 read with Section 120- B IPC to undergo RI for one year and to pay a fine of Rs.500/- each and in default of payment of fine to further undergo RI for 15 days. 2. Amarjit Singh for offence under Section 468 IPC and Raghbir Singh under Section 468 read with Section 120- B IPC to undergo RI for one year and to pay a fine of Rs.500/- each in default of payment of fine to further undergo RI for 15 days. 3. Amarjit Singh for offence under Setion 471 IPC and Raghbir Singh under Section 471 read with Section 120- B IPC to undergo RI for one year and to pay a fine of Rs.500/- each and in default of payment of fine to further undergo RI for 15 days. 4. Both Amarjit Singh and Raghbir Singh under Section 120-B IPC to undergo RI for one year and to pay a fine of Rs.500/- each and in default of payment of fine to further undergo RI for 15 days. All the sentences were ordered to run concurrently. Learned counsel for the petitioners does not want to press the present revision on merit and requests that since petitioners were found guilty under Sections 420, 468, 471, 120-B IPC and maximum period of sentence awarded is one year, hence the petitioners may be released on probation. Mr. Raghbir Chaudhary, Sr. DAG, Punjab, states that petitioner/revisionists are the first time offenders and no other criminal case is pending 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 seems to be best option to avoid tension and to maintain harmony between the parties. Accordingly, while maintaining the conviction of the CRR No.3083 of 2011 (O&M) -3- petitioners, I direct that the accused/petitioners be released on probation on furnishing 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. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court. 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 December 09, 2011 R.S.