High CourtsSingle Bench

Ranjit Singh and Others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 7 January 2011 · Citation: (2011) 01 P&H CK 0224

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 326, 34 · Probation of Offenders Act, 1958 — Section 4(1)
CASE NUMBER
Criminal Revision No. 2226 of 2010
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Judgment

6 paragraphs · 347 words

Alok Singh, J.—This revision petition is filed by the revisionist-Petitioners against the judgment dated 29.07.2010 passed by learned Sessions Judge, Sangrur, as well as judgment dated 30.03.2007 passed by the learned Judicial Magistrate First Class, Sunam, whereby Petitioners are convicted under Sections 326/323/34 IPC and were awarded sentence of one year u/s 326/34 IPC and fine of Rs. 1000/- and three months u/s 323 IPC and fine of Rs. 500/-.

2.

At the outset, learned Counsel for the Petitioners does not challenge the conviction of the Petitioners. He further states that since sentence awarded is one year, hence, Petitioners are liable to be released on probation u/s 4(1) of the Probation of Offenders Act, 1958.

3.

Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab, on the instructions from ASI Kuldip Singh, who is present in person in Court, states that there is no criminal history of the Petitioners.

4.

Considering totality of the facts and circumstances of the case, while maintaining the conviction of the Petitioners, the present petition is disposed of with the direction that Petitioners be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, for a period of five months 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 are enhanced to Rs. 25,000/-each. The Petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court.

5.

On deposit so being made, the Trial Court shall issue notice to the victim and disburse the amount to him 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.

6.

With above mentioned modification, this revision petition stands disposed of.