IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 3414 of 2010 (O&M) Date of Decision: February 03, 2011 Sunil. …Petitioner Versus State of Haryana and another. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be Allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Gaurav Mohunta, Advocate, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. for the respondent-State. Mr. Harsh Aggarwal, Advocate, for respondent No.2. Alok Singh, J. (Oral) This revision petition is filed by the revisionist- petitioner against the judgment dated 07.12.2010 passed by learned Additional Sessions Judge, Sonepat, as well as judgment/order dated 06.08.2009/07.08.2009 passed by learned Sub Divisional Judicial Magistrate, Ganaur, whereby petitioner was convicted under Section 498-A and 406 IPC and he was sentenced to undergo RI for a period of CRR No.3414 of 2010 one year under Section 406 IPC and to undergo RI for a period of one year under Section 498-A and to payment of fine Rs. 500/-. At the outset, learned counsel for the petitioner does not challenge the conviction of the petitioner. He further states that since sentence awarded is one year, hence, petitioner is liable to be released on probation under the Probation of Offenders Act. Learned counsel for respondent No.2 states that in case, petitioner-accused is ready to pay Rs.5 lacs, complainant is ready to take back the complaint and to compound the offences. On this, learned counsel for the petitioner has shown his inability. With the consent, the petitioner shall be released on probation, however, he shall pay Rs. 2 lacs to the complainant within 45 days from today. Accused is first time offender. Sending the first time offender to jail in the company of hardcore criminals seems to be unjustified. First time offender must be given a chance to reform by releasing him on probation for the period of one year. Complainant can be compensated by directing the accused to pay enhanced compensation. 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 2 CRR No.3414 of 2010 direction that petitioner be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year 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, petitioner shall pay Rs. 2 lacs to the complainant as compensation within 45 days from today as stated by the learned counsel for the petitioner herein above. It is made clear that in case the aforesaid amount is not paid to the complainant within the stipulated time, as directed above or petitioner is found violating undertaking of good behaviour, 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. February 03, 2011 ( Alok Singh ) vkd Judge 3