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Tirath Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 1 February 2011 · Citation: (2011) 02 P&H CK 0321

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 357 · Penal Code, 1860 (IPC) — Section 186, 353 · Probation of Offenders Act, 1958 — Section 4(1)
CASE NUMBER
Criminal Revision No. 152 of 2011 (O and M)
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Judgment

4 paragraphs · 349 words

Alok Singh, J.—This revision petition is filed by the revisionist-Petitioner against the judgment dated 05.01.2010 passed by learned Sessions Judge, Shaheed Bhagat Singh Nagar, whereby while affirming the conviction of the Petitioner for offences under Sections 186 and 353 IPC passed by learned Chief Judicial Magistrate, Nawanshahar, modified the sentence and in fact, he was sentenced to undergo RI for a period of three months u/s 186 IPC and to pay a fine of Rs300/- and to undergo RI for a period of two years u/s 353 IPC and to pay a fine of Rs. 500/-.

2.

On 21.01.2011, learned Counsel for the Petitioner has stated that he was not challenging the conviction awarded by the learned Appellate Court. He has further stated that the Petitioner is an old man of 60 years of age and has no criminal history, hence, he may be released on probation under the Probation of Offenders Act, 1958.

3.

Considering totality of the facts and circumstances of the case, while maintaining the conviction of the Petitioner, the present petition is disposed of with the direction that Petitioner be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing his personal bond and undertaking with one surety to the satisfaction of the learned Trial Court that he will keep peace and be of good behaviour. In case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the Petitioner is enhanced to Rs. 10,000/- as compensation u/s 357 of the Code of Criminal Procedure. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above or Petitioner is found violating undertaking of good behaviour, this revision petition shall be deemed to have been dismissed and the order of the Court below shall stand revived automatically.

4.

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