Kashmir Chand and Others vs State of Punjab

Alok Singh, J.—Learned Counsel for the Petitioners has submitted that he does not want to press this petition on merit. He, however, submits that case of the revisionists to release them on probation of good conduct with payment of some compensation to the injured u/s 357 Code of Criminal Procedure. be considered sympathetically.

Notice on the limited question as to whether revisionists should be released on probation of good conduct for the period of two years with fine/compensation to be paid to the injured u/s 357 Code of Criminal Procedure.

On being asked, Mr. Jaswinder Singh, learned Deputy Advocate General, Punjab, has accepted notice.

With the consent of the Learned Counsel for the parties, present petition is being disposed of at this stage.

Petitioners were found guilty under Sections 325, 323, 34 Indian Penal Code by Judicial Magistrate, Ist Class, Dasuya, vide judgment dated 30.11.2010 and were sentenced to undergo imprisonment as under:

(1) Kashmir Chand was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/-, in default of payment of fine simple imprisonment of 15 days u/s 325 read with Section 34 Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for six months u/s 323 Indian Penal Code.

(2) Jaswinder Singh @ Laddo was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/- in default of payment of fine simple imprisonment of 15 days u/s 325 Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for six months u/s 323 read with Section 34 Indian Penal Code.

(3) Lakhwinder Singh was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/- in default of payment of fine simple imprisonment of 15 days u/s 325 Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for six months u/s 323 read with Section 34 Indian Penal Code.

(4) Jaswinder Singh @ Laddi was sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/- in default of payment of fine simple imprisonment of 15 days u/s 325 read with Section 34 Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for six months u/s 323 Indian Penal Code.

All the sentences were ordered to run concurrently.

In appeal preferred by the accused/Petitioners learned Appellate Court/Additional Sessions Judge, Hoshiarpur, vide judgment dated 18.8.2011 has affirmed the judgment passed by learned trial Court.

Mr. Jaswinder Singh, leraned Deputy Advocate General, Punjab, states that Petitioners/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 Code of Criminal Procedure. 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. 25,000/- each over and above the fine already imposed by the Trial Court to be paid to the injured. The 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.