Kashmir Singh and another vs State of Punjab

Alok Singh, J.—Notice of motion.

On being asked, Mr. Raghbir Chaudhary, learned Senior Deputy Advocate General, Punjab, accepts notice on behalf of the State.

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

Accused/revisionists were found guilty and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo simple imprisonment for one month each for the commission of offence u/s 323/34 IPC. They were further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo simple imprisonment for six months each by JMIC, Bathinda, vide judgment dated 20.7.2009 by JMIC, Gurdaspur, vide judgment dated 20.12.2010.

Appeal preferred by accused/revisionists was dismissed and sentence awarded by the learned Trial Court was affirmed by learned Appellate Court/Additional Sessions Judge, Gurdaspur, vide judgment dated 21.11.2011.

Learned counsel for revisionists does not want to press the present revision on merit and requests that since revisionists were found guilty under Sections 323/452/34 IPC and maximum period of sentence awarded is six months, hence revisionists may be released on probation.

Mr. Raghbir Chaudhary, Sr. DAG, Punjab, states that revisionists/accused are the first time offenders and no other criminal case is pending against them.

In the opinion of this Court, no useful purpose would be served by keeping the revisionists in the company of hardcore criminals. Instead of keeping the accused/revisionists 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 accused/revisionists, I direct that the accused/revisionists be released on probation on furnishing probation bond and one surety bond each to the satisfaction of the learned Trial Court for two yeaRs. Accused/revisionists shall also furnish undertaking before the learned trial Court of the effect that they shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However,fine imposed upon the accused/revisionists is enhanced to Rs. 50,000/- each over and above the fine already imposed by the Trial Court to be paid to the injured as compensation. The revisionists are directed to deposit the above said amount, within 15 days 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 revisionists 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.