The court applied the Probation of Offenders Act, 1958, to grant release on probation while maintaining the conviction and imposing an enhanced fine.

Alok Singh, J.

1. This revision petition is filed by the revisionist - petitioner against the judgment dated 11.11.2010 passed by learned Addl. Sessions Judge, Sonepat, as well as judgment dated 2.1.2008 passed by the Addl. Chief Judicial Magistrate Sonepat, whereby petitioner is convicted under Sections 325/323/148 IPC and was awarded sentence of one year under Section 325 IPC and fine of Rs. 2000/-, six months under Section 323 IPC and fine of Rs. 500/- and six months under Section 148 IPC and fine of Rs. 500/-.

2. At the outset, learned counsel for the petitioner does not challenge the conviction of the petitioner. He further states that since sentence awarded is one year, hence, petitioner is liable to be released on probation under the Probation of Offenders Act. 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 under Section 4(1) of the Probation of Offenders Act, 1958, for a period of five months 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 enchanced to Rs. 20,000/-. The petitioner is 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 issue notice to the victim and disburse the amount to him forthwith. It is made clear that in case enchanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Courts below shall stand revived automatically.

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