Bhag Singh vs State of Punjab.

Alok Singh, J.—Petitioner was found guilty and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- for the commission of offence u/s 326 Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for a period of six months for the commission of offence punishable u/s 323 Indian Penal Code and he was further sentenced to undergo rigorous imprisonment for a period of six months for the commission of offence punishable u/s 323/34 Indian Penal Code by the learned Judicial Magistrate 1st Class, Ferozepur vide order dated 14.09.2010.

In appeal filed by the accused/revisionist, order on quantum of sentence passed by the learned Trial Court was modified. He was sentenced to undergo rigorous imprisonment for a period of one year instead of three years u/s 326 Indian Penal Code and sentenced to undergo RI for a period of three months instead of six months u/s 323 Indian Penal Code by learned Appellate Court/Sessions Judge, Ferozepur, vide judgment dated 28.09.2011.

At the outset, learned Counsel for the Petitioner does not challenge the conviction of the Petitioner. He further states that since total period of conviction is one year and Petitioner is first time offender, hence, he is liable to be released on probation for a period of one year, under the Probation of Offenders Act.

Notice of motion.

On being asked, Mr. Jaswinder Singh, Deputy Advocate General, Punjab, accepts notice on behalf of the Respondent.

Considering totality of the facts and circumstances of the case, and the fact that the Petitioner is first time offender therefore, no useful purpose would be served by sending him to jail with hardcore criminals. As such, while maintaining the conviction of the Petitioner, the present petition is disposed of with the direction that Petitioner be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, for a period of one year on his furnishing 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, fine imposed upon the Petitioner is enhanced to Rs. 25,000/- over and above the fine already imposed by the Trial Court. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. On deposit so being made, the Trial Court shall issue notice to the injured and disburse the amount to him forthwith. It is made clear that in case enhanced amount is not deposited, as directed above, 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.