IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 2352 of 2009 Date of decision : October 22, 2009 Sukhwinder Singh alias Pappi ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sukhmeet Singh, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Petitioner Sukhwinder Singh alias Pappi and six others were tried for various offences. Learned Judicial Magistrate Ist Class, Nabha vide judgment and order dated 25.2.2008 convicted all the seven accused for various offences and awarded sentence for the same. All the seven convicts preferred three appeals against their conviction and sentence. The said appeals were disposed of by common judgment dated 7.8.2009 passed by learned Additional Sessions Judge, Patiala, whereby conviction and sentence of petitioner only was maintained for offence under section 325 IPC only for which he had been sentenced to undergo rigorous imprisonment for one year and fine of Rs 500/-. Conviction of petitioner for remaining offences was set aside and conviction of remaining six accused Criminal Revision No. 2352 of 2009 -2- for all the offences was set aside. Feeling aggrieved, the instant revision petition has been preferred by Surinder Singh alias Pappi. Notice of motion in the revision petition has been issued re: quantum of sentence only. I have heard learned counsel for the parties and perused the case file. Hardev Singh complainant suffered fracture of left femur. The occurrence had taken place on 18.10.2001. Learned counsel for the petitioner vehemently contended that the petitioner is not reported to be previous convict. The occurrence took place 8 years ago. The petitioner has already been remained in custody for two and half months since the date of judgment of appellate court. Prayer is accordingly made for release of the petitioner on probation. The prayer has been opposed by the State counsel. I have carefully considered the matter. As noticed hereinabove, the occurrence took place eight years ago. The complainant suffered fracture of left femur i.e. non vital part. The petitioner has also remained in custody for two and half months. He is not reported to be previous convict. It is accordingly a fit case in which the petitioner should be released on probation. Accordingly, the petitioner is ordered to be released on probation of good conduct on furnishing probation bond to the satisfaction of the trial Magistrate in the sum of Rs 20,000/- with one similar surety 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 is converted into Criminal Revision No. 2352 of 2009 -3- cost of the proceedings. The petitioner is also directed to pay Rs 10,000/- as compensation to injured complainant Hardev Singh. The compensation amount shall be deposited with trial Magistrate. On furnishing of probation bond and deposit of compensation amount, the petitioner shall be forthwith released from custody, if not required, in any other case. The compensation amount deposited by the petitioner shall be paid by the trial Magistrate to injured complainant Hardev Singh by issuing notice to him. With modification in sentence as aforesaid, the revision petition stands disposed of accordingly. ( L.N. Mittal ) October 22, 2009 Judge 'dalbir'