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Jaspal Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 February 2011 · Citation: (2011) 02 P&H CK 0308

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 120B, 468 · Probation of Offenders Act, 1958 — Section 4(1)
CASE NUMBER
CRR No. 2874 of 2010
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Judgment

10 paragraphs · 366 words

Alok Singh, J.—Petitioner was found guilty under Sections 468/120-B of the Indian Penal Code and was sentenced to undergo imprisonment as under:

To undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/-and in default of payment of fine to further undergo rigorous imprisonment for 30 days for commission of offence u/s 468 IPC.

To undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/-and in default of payment of fine to further undergo rigorous imprisonment for 30 days for commission of offence u/s 120-B IPC.

2.

Both the sentences were ordered to run concurrently. The appeal preferred by the accused/revisionist was dismissed by learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar/Appellate Court vide judgment dated 24.9.2010 and the order passed by the trial Court was upheld.

3.

Learned Counsel for the Petitioner does not want to press the present revision on merit and requests that since Petitioner was found guilty under Sections 468/120-B IPC and maximum period of sentence awarded is two years, hence the Petitioner may be released on probation.

4.

Mr. Jaspreet Singh, learned Assistant Advocate General, Punjab, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him.

5.

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 Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. Undisputedly he is first time offender. To my mind incarceration of the Petitioner into jail would not serve the purpose. In the jail, there is every possibility of his coming into contact with hardcore criminals.

6.

Considering totality of the facts and circumstances of this case while maintaining the conviction of the Petitioner in this case, I direct that the accused/Petitioner be released on probation u/s 4(1) of the Probation of Offenders Act on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year

7.

With above mentioned modification in the matter of sentence, this revision petition is disposed of.

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