Raj Singh and Another vs State of Punjab

Alok Singh, J.—This revision petition is filed by the revisionist - Petitioners against the judgment dated 9.9.2010 passed by learned Addl. Sessions Judge, Patiala, well as judgment dated 22.8.2006 passed by the learned Judicial Magistrate First Class, Patiala, whereby Petitioners and other co-accused were convicted under Sections 452/323/324/325/148/149 Indian Penal Code and were awarded sentence of R.I. for two years and fine of Rs. 300/-each and in default of payment of fine to further undergo R.I. for two months each, u/s 452 Indian Penal Code, R.I. for one year and fine of Rs. 100/- each and in default of payment of fine, to further undergo R.I. for two months each u/s 325 read with Section 149 Indian Penal Code, R.I. for six months and fine of Rs. 100/- each and in default of payment of fine to further undergo R.I. for one month each u/s 324 read with Section 149, R.I. for three months u/s 323 Indian Penal Code and fine of Rs. l00/-each and in default of payment of fine to further undergo R.I. for one month each, R.I. for one year and fine of Rs. 100/- each and in default of payment of fine to further undergo R.I. for one month each, u/s 148 Indian Penal Code, Shinda @ Kulbir was awarded sentence of R.I. for two years and fine of Rs. 300/-, and in default of payment of fine to further undergo R.I. for two months, u/s 325 Indian Penal Code and Bant Singh was awarded sentenced R.I. for one year and fine of Rs. 200/- and in default of payment of fine to further undergo R.I. for one month, u/s 324 Indian Penal Code.

Feeling aggreived from the judgment of the learned Judicial Magistrate 1st Class, Patiala, appeal was preferred before the Sessions Judge, Patiala, which was decided by the learned Addl. Sessions Judge, Patiala on 9.9.2010, thereby releasing Shintu @ Karamjit Singh and Shinda @ Kulbir Singh on probation on the ground that if they are sent to prison, it is likely that they will come in contact of hardened criminals there and they themselves may become criminals. However, probation was not granted to Raj Singh and Ram Chand.

There is no record to justify that Raj Singh and Ram Chand, Petitioners are found guilty previsously also in any criminal offence, hence in the opinion of this Court, they are also entitled to be released on probation.

In view of the above, while maintaining the conviction of Raj Singh and Ram Chand, Petitioners, present petition is disposed of with the direction that they be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing their personal bonds and undertaking with one surety each to the satisfaction of the learned Trial Court that they will keep peace and be of good behaviour. In case they are found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the Petitioners is enhanced to Rs. 20,000/- each. The Petitioners are 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 pay the amount to the injured/victim 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.