Probation granted to first offenders under the Probation of Offenders Act does not adversely affect their service career if conditions are met.

JUDGMENT :

(Gurbir Singh, J.)

1. CRM-24946-2019 :

This is application under Section 482 Cr.P.C. for placing on record the final order dated 24.02.2016, passed in Inquiry, as Annexure A-1. For the reasons mentioned in the application, the same is allowed and Annexure A-1 is ordered to be taken on record, subject to all just exceptions.

2. Main Case :

Through the present revision petition, the petitioner has challenged the orders dated 22.05.2017 and 06.09.2018, passed by learned Judicial Magistrate Ist Class, Sangrur (for brevity – Trial Court) and learned Additional Sessions Judge, Sangrur (for brevity – Appellate Court), being based on surmises and conjectures and therefore, not sustainable in the eyes of law.

3. Brief facts of the case are that vide orders passed by Director, Health and Family Welfare, Punjab, Chandigarh, the petitioner, who was working as Junior Assistant, was transferred to Hoshiarpur and he was relieved from duty on 01.10.2014 (AN). However, on the very next day i.e. 02.10.2014, he came to the office and while forcibly taking the attendance register, marked his presence after making cutting in the entry regarding relieving him. He also used filthy language and threatened one Senior Assistant namely Rakesh Kumar, who made complaint against the petitioner. On the basis of said complaint, FIR under Section 353, 186 and 506 IPC was registered against the petitioner and he was arrested.

4. After completion of investigation, challan was presented against the petitioner. The learned Trial Court, after appreciating the evidence on record and hearing the arguments advanced before it, vide judgment dated 22.05.2017, sentenced the petitioner as under :-

5. The petitioner preferred appeal against the aforesaid judgment passed by learned Trial Court. Though the said appeal was dismissed by learned Appellate Court but the petitioner was ordered to be released on probation. The operative part of the order passed by the learned Appellate Court reads as under:-

“15. …..Mere fact that no independent witness was joined, the case of the prosecution cannot be thrown aside when the prosecution is able to prove the guilt of the accused beyond shadow of reasonable doubt on the basis of cogent, convincing and reliable evidence available on the record. So, prosecution has been able to prove its case beyond shadow of reasons doubt against accused Rajesh Kumar. As such appeal stands dismissed against Rajesh Kumar.

16. Regarding sentence part, the appellant has submitted that he is first offendcer and is the sole bread winner in his family. A lenient view be taken against him and he may be released on probation.

17. Keeping in view the fact that appellant is first offender and appellant can be given chance to reform himself so that he can become better citizen of the society, this Court is of the view that it is a fit case where the appellant should be given the benefit of probation. Accordingly, the appellant is ordered to be released on probation for a period of 6 months U/S 4 (1) of Probation Offender Act 1958 on his furnishing probation bonds in the sum of Rs.2,000/-with one surety of like amount, with an undertaking to keep peace and be of good behaviour during the said period and not to commit any offence during this period. He is further directed to appear in the Court as and when directed to receive the sentence of imprisonment. The appeal is accordingly disposed of. Case property, if any be dispo