Criminal Revision No. 1591 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 1591 of 2003 Date of Decision: April 30, 2009 Shalinder Singh ...........Petitioner Versus State of Haryana and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: None for the petitioner. Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Respondents No. 2 to 4 were convicted for an offence under Sections 323,324,325,506 of the Indian Penal Code (`IPC' for short) vide judgment dated 7.2.2002 by the Additional Chief Judicial Magistrate Jagadhri. Vide order of even date, respondents were sentenced to undergo rigorous imprisonment for six months and impose fine of Rs.250/- each under Section 323 IPC; to undergo rigorous imprisonment for one year and also a fine of Rs.500/- each under Section 324 IPC; to undergo rigorous imprisonment for two years and also a fine of Rs.500/- each under Section 325 IPC; to undergo rigorous imprisonment for six months and also fine of Rs.250/- each under Section 506 IPC. All the substantive sentences were ordered to run concurrently. Aggrieved by the same, respondents 2 to 4 Criminal Revision No. 1591 of 2003 2 preferred an appeal . The Additional Sessions Judge, Yamuna Nagar at Jagadhari vide judgment dated 14.5.2003 maintained the conviction of respondents No. 2 to 4. However, the order of sentence was modified and respondents 2 to 4 were ordered to be released on probation Hence, the present revision petition by the complainant. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- "The brief facts of the present case are that the accused/appellants were booked in a criminal case arising out of FIR No.25 dated 27.7.1993 U/s 323,324,506,34 IPC Police Station City Jagadhri with the prosecution allegations that on 27.7.1993 at about 4 p.m. in the area of village Haibatpur, they all in furtherance of their common intention inflicted simple as well as grievous injuries upon the person of Dassa Singh and Salinder Singh with the help of lathi and gandasi and also threatened them with dire consequences. The case was registered on the statement of complainant Salinder Singh and on completion of all the formalities of the investigation, the challan was put up in the Court of Illaqa Magistrate". In the present case, learned appellate Court while dealing with the sentence in paras 17 to 21 held as under:- "17. In the present case, the accused/appellants have been sentenced for the commission of offences punishable under Sections 323/324/325/506 IPC and none of the offences is Criminal Revision No. 1591 of 2003 3 punishable for death or imprisonment for life and undoubtedly, the accused/appellants are the first offenders, having their family liabilities and in view of the judicial pronouncements, referred to above, the modern trend of penology is being governed by the reformative legislation in the shape of Probation of Offenders Act and Section 360 Cr.P.C. and the deterrent theory of punishment has become out-dated. 18. The accused/appellant are facing agony of the protected trial since the year 1993 and more than one decade has been passed and such a long period of protected trial is again to be considered while passing the order of sentence as facing of criminal trial for the period exceeding one decade itself is a sufficient punishment. 19. Present days, the jail atmosphere can be better imagined than explained and the Courts are supposed to see that the punishment to be awarded to the accused must be awarded with a view to reform the offenders. 20. Now having regard to the totality of circumstances and having regard to the fact that the accused-appellants are the first offenders and they are having family liabilities and are facing the agony of protected trial for more than 10 years and trial Court record further reflects that conduct of the accused/appellants during trial has been good and as such a fit case for extending the benefit under the provisions of Probation of Offenders Act to the accused/appellant is made out. 21. Resultantly, in view of the above discussion and for the foregoing reasons and by following the law laid down in Criminal Revision No. 1591 of 2003 4 Balbir Singh's case (supra), Mann Parkash's case (supra) and Ved Parkash's case (supra), the impugned order of sentence requires modification so as to give the benefit of the provisions of Probation of Offenders Act to the accused/appellants. Hence, while modifying the order of sentence, the accused/appellants are ordered to be released on probation for a period one year each on their furnishing requisite bonds in the sum of Rs.10,000/- each with one surety in the like amount each, to the satisfaction of the trial Court. During the period of probation, the accused / appellants shall keep peace and be of good behaviour and shall apear before the Court of concerned Trial Magistrate as and when they are called upon to receive the sentence for committing default of any of the conditions. Let the requisite bonds be furnished before the trial Court within a period of one week Lower Court record along with copy of judgment be sent back to the trial Court. Fine deposited, if any, be remitted back in due course of time under the rules. Appeal file be consigned to record room." Respondents No. 2 to 4 are facing criminal proceedings since the year 1993. The object of releasing an accused on probation is that he may be given an opportunity to reform himself. The benefit of probation can be denied only to hardened criminals or where restriction has been imposed by Section 4 of the probation of Offenders Act, 1958. Respondents are not previous convict and have got a family to support. Each case has to be dealt with on its own facts and benefit of probation can neither be granted or declined as a matter of rule. Criminal Revision No. 1591 of 2003 5 The reasons given by the learned Additional Sessions Judge, while releasing respondents 2 to 4 on probation are sound reasons and call for no interference. Accordingly, this petition is dismissed. (Sabina) Judge April 30,2009 arya