Baljit Singh and others vs The State of Haryana

Alok Singh, J.—On being asked, Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, has accepted notice on behalf of the State.

With the consent of learned counsel for the parties, present petition is being disposed of at the admission stage.

Petitioners were found guilty and sentenced to undergo simple imprisonment for a period of one year with fine of Rs. 200/- each and in default of payment of fine to further undergo simple imprisonment for fifteen days for the commission of offence punishable u/s 325 read with Section 149 IPC. They were further sentenced to undergo simple imprisonment for a period of six months with fine of Rs. 100/- each and in default of payment of fine to further undergo simple imprisonment for ten days for the commission of offence punishable u/s 323 read with Section 149 IPC. Petitioners were also sentenced to undergo simple imprisonment for a period of six months with fine of Rs. 100/- each and in default of payment of fine to further undergo simple imprisonment for ten days for the commission of offence punishable u/s 148 IPC by Judicial Magistrate Ist Class, Bhiwani, vide order dated 11.08.2009. All the sentences were ordered to run concurrently.

Appeal preferred by the accused/petitioners was dismissed and order/judgment passed by learned trial Court was affirmed by learned Appellate Court/Additional Sessions Judge-III, Bhiwani, vide judgment dated 14.12.2011.

Learned counsel for the petitioners does not want to press the present revision on merit. Learned counsel for the petitioners, on the instructions of Vikas son of Baljit Singh/accused/petitioner No.1, has fairly stated that petitioners shall pay Rs. 40,000/- each as compensation to the injured u/s 357 Cr.P.C. within a month, therefore, their prayer to release them on probation may be considered sympathetically.

Mr. Gaurav Dhir, DAG, Haryana, states that petitioner/revisionists are the first time offenders and no other criminal case is pending against them.

I have heard learned counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the petitioners for all times to come. They have suffered mental agony due to registration of this criminal case against them.

In the opinion of this Court, no useful purpose would be served by keeping the petitioners in the company of hardcore criminals. Instead of keeping the accused/petitioners in the company of hardcore criminals, releasing them on probation with enhancement of fine to be paid to the injured as compensation u/s 357 Cr.P.C. 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 bond and one surety bond each 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 Rs. 40,000/- each over and above the fine already imposed by the Trial Court to be paid to the injured as compensation. Petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the injured as compensation u/s 357 of the Code of Criminal Procedure. 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 probation, this revision petition shall be deemed to have been dismissed.

With above mentioned modification this revision petition stands disposed of.