IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. R. No. 2009 of 2002 Date of decision: 12.11.2010 Davinder Singh … Petitioner versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Kamaljeet Singh Sidhu, Advocate for the petitioner Mr. Simarjot Singh Dhillon, AAG Punjab … ARVIND KUMAR, J: The petitioner was tried by the court of Judicial Magistrate I Class, Zira, under Sections 25/54/59 of the Arms Act on the allegation that on 15.9.1998, petitioner Davinder Singh was found in illegal possession of .12 bore pistol along with three live cartridges without any licence, by the police. On conclusion of trial, the learned trial Court held the petitioner guilty and accordingly, vide judgment and order dated 31.8.2001,convicted and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.5000/- and in default of payment of fine, to further undergo RI for three months. Appeal filed by the petitioner came to be dismissed by the learned Additional Sessions Judge, Moga, vide judgment dated 24.9.2002. Hence, the present appeal. I have heard the learned counsel for the parties. Counsel for the petitioner has not touched the merits of the case and instead, has prayed for reduction in the quantum of sentence or for grant of probation. The ground taken is that this case relates to the year 1998 and the petitioner has faced the agony of protracted trial for more than 12 years. Reference has been made to judgments of this Court in Surjit Crl. R. No. 2009 of 2002 -2- Singh v. The State of Punjab 2003(2) RCR(Criminal) 429 and Sudhir v. State of Haryana 2001(2) RCR(Criminal) 336 and a judgment of the Rajasthan High Court in Jagjeet Singh v. State of Rajasthan 2001(1) RCR(Criminal) 661. The argument has been scanned and there is substance in it. The appellant has admittedly suffered the agony of protracted trial for more than 12 years. In all the three afore-stated cases, in similar circumstances, the accused-appellant therein were released on probation. Taking into consideration all the facts and circumstances, the ends of justice would be adequately met if the accused-petitioner is ordered to be released on probation instead of awarding substantive sentence. Accordingly, the petitioner is ordered to be released on probation for a period of one year upon his executing bonds in the sum of Rs.5000/- with one surety in the like amount within 45 days, to the satisfaction of the Chief Judicial Magistrate, Moga, with an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive the sentence during the said period as and when called upon to do so. The amount of fine already deposited shall be treated as costs of the proceedings. November 12, 2010 ( ARVIND KUMAR) JS JUDGE