Pawan Kumar vs State of Punjab

Alok Singh, J.—Notice of motion.

On being asked, Mr. Abhishek Chautala, Assistant Advocate Gen-eral, Punjab, has accepted notice on behalf of the State.

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

Petitioner was found guilty under Sections 325, 324, 323, 34 IPC and was sentenced to undergo rigorous imprisonment for a period of eighteen months and to pay a fine of `250/-and in default of payment of fine to further undergo imprisonment for one month u/s 325/34 IPC; he was fur-ther sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of `250/-and in default of payment of fine to further undergo im-prisonment for one month; he was also sentenced to undergo rigorous impris-onment for a period of six months u/s 323 IPC by Judicial Magis-trate, 1st Class, Bathinda vide judgment dated 10.03.2009.

In appeal preferred by the accused-petitioner, learned Appellate Court/Additional Sessions Judge (Fast Track Court), Bathinda, vide judgment dated 15.12.2011, modified the sentence to the following extent :-

Offence U/s

Sentence Awarded

325 read with 34 IPC

To undergo RI for a period of one year and fine of Rs.250 in default of payment of fine to undergo imprisonment for one month.

324 IPC

To undergo RI for a period of nine months and to pay a fine of Rs.250/-and in de-fault of payment of fine to undergo im-prisonment for one month.

323 IPC

To undergo RI for a period of five months.

Learned counsel for the petitioner does not want to press the pres-ent revision on merit and requests that since petitioner was found guilty under Sections 325, 324, 323, 34 IPC and maximum period of sentence awarded is one year, hence the petitioner may be released on probation. Further contends that there were two accused, however, co-accused was released on probation by the Appellate Court. Further contends that reasonable compensation as fixed by this Court to be paid to the injured u/s 357 of Cr.P.C. shall be de-posited by the accused within such time as fixed by this Court, therefore, case of the petitioner should also be considered sympathetically to release him on probation.

Mr. Abhishek Chautala, Assistant Advocate General, Punjab, states that petitioner/accused is first time offender and no other criminal case is registered against him.

Keeping in view the fact that he is first time offender, in the opin-ion of this Court, no useful purpose would be served by keeping the petitioner in the company of hardcore criminals. Instead of keeping the accused/petitioner in the company of hardcore criminals, releasing him on probation with enhancement of fine seems to be best option to avoid tension and to maintain harmony between the parties. Accordingly, while maintaining the conviction of the petitioner, I direct that the accused/petitioner be released on probation on furnishing of probation bonds and surety bonds to the satisfaction of the learned trial court for one year.

Petitioner shall also furnish undertaking before the learned trial court to the effect that petitioner shall maintain good behaviour and shall not indulge in the wrongful activities during the period of probation. However, fine imposed upon the petitioner is enhanced to `50,000/-over and above the fine already imposed by the trial court to be paid to the injured as compensation u/s 357 of Cr.P.C. Petitioner is directed to deposit the above said amount before the learned trial court within one month from today which shall be payable to the injured. It is made clear that in case compensation amount is not deposited, as directed above, or petitioner is 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.