Crl. Revision No. 3149 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 3149 of 2011 (O&M) Date of Decision : 15.12.2011 Sanjay alias Manu and another …Petitioners Versus State of Haryana …Respondent ………. CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mr. Parminder Singh, Advocate for the petitioners. *** Alok Singh, J. (Oral) Notice of motion. On being asked, Mr. Deepak Girotra, Assistant Advocate General, Haryana, accepts notice on behalf of the State. With the consent of the learned counsel for the parties, present pe- tition is being disposed at this admission stage. Petitioners were found guilty under Sections 323,325 read with Section 149 and Section 506 IPC and were sentenced to undergo rigorous im- prisonment for a period of one year under Section 323 read with Section 149 IPC; they were also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of `500/- each and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 325 read with Section 149 IPC; they were further sentenced to un- dergo rigorous imprisonment for a period of six months under Section 506 IPC by Chief Judicial Magistrate, Karnal, vide judgment dated 26.08.2010. Crl. Revision No. 3149 of 2011 (O&M) 2 In appeal preferred by the accused-petitioners, learned Appellate Court/Sessions Judge, Karnal, vide judgment dated 02.12.2011, modified the sentence, as Section 149 IPC could not be proved, to the following extent :- Accused/petitioners Sanjay @ Manu and Ashok Kumar were sen- tenced to undergo rigorous imprisonment for a period of one year under Sec- tion 323 IPC. They were also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of `500/- and in default of payment of fine to further undergo rigorous imprisonment for one month under Section 325 IPC. They were also sentenced to undergo rigorous imprisonment for a period of six months under Section 506 IPC. All the sentences were or- dered to run concurrently. However, benefit of Section 428 Cr.P.C. was given to them. Learned counsel for the petitioners does not want to press the pre- sent revision on merit and requests that since petitioners were found guilty un- der Sections 323,325 and 506 IPC and maximum period of sentence awarded is two years, hence the petitioners may be released on probation. Further con- tends that reasonable compensation as fixed by this Court to be paid to the in- jured under Section 357 of Cr.P.C. shall be deposited by the accused within such time as fixed by this Court. Mr. Deepak Girotra, Assistant Advocate General, Haryana, states that petitioners/accused are first time offenders and no other criminal case is registered against them. Keeping in view the age of the petitioner and the fact that they are first time offenders, in the opinion of this Court, no useful purpose would be served by keeping the petitioners in the company of hardcore criminals. In- stead of keeping the accused/petitioners in the company of hardcore criminals, Crl. Revision No. 3149 of 2011 (O&M) 3 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 petitioners, I direct that the accused/petitioners be released on probation on furnishing of probation bonds and surety bonds 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 `50,000/- each over and above the fine already imposed by the trial court to be paid to the injured as compensation under Section 357 of Cr.P.C. Petitioners are directed to deposit the above said amount, within one month from today, with the trial court. Trial Court shall release the amount of compensation in favour of injured. 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 proba- tion, this revision petition shall be deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. ( Alok Singh ) December 15, 2011 Judge Anand