CRR No.3083 of 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR No.3083 of 2011 (O&M)

Date of decision: 09.12.2011

Amarjit Singh and another

....Petitioners

Versus

State of Punjab

....Respondent

CORAM: HON'BLE MR. JUSTICE ALOK SINGH

Present: - Mr. H.S. Dhindsa, Advocate, for the petitioners.

1.Whether Reporters of local papers may be allowed to see the judgment?

2.Whether to be referred to the Reporters or not?

3.Whether the judgment should be reported in the Digest?

*****

ALOK SINGH, J (ORAL)

Notice of motion.

On being asked, Mr. Raghbir Chaudhary, learned Senior

Deputy Advocate General, Punjab, accepts notice on behalf of the State.

With the consent of the learned counsel for the parties, present

petition is being disposed at this admission stage.

Petitioners were found guilty and sentenced to undergo

rigorous imprisonment for a period of two years and to pay a fine of

Rs.500/- each and in default of payment of fine to further undergo

rigorous imprisonment for a period of 15 days for the commission of

offences under Sections 420, 468, 471, 120-B of the Indian Penal Code

by Chief Judicial Magistrate, Moga, vide judgment dated 10.11.2009. In

appeal preferred by the accused/petitioner, learned Appellate

Court/Additional Sessions Judge, Moga, vide judgment dated

18.11.2011 modified the order of learned trial Court qua sentence only

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as under and dismissed the appeal: -

1.

Amarjit Singh for offence under Section 420 IPC and

Raghbir Singh under Section 420 read with Section 120-

B IPC to undergo RI for one year and to pay a fine of

Rs.500/- each and in default of payment of fine to

further undergo RI for 15 days.

2.

Amarjit Singh for offence under Section 468 IPC and

Raghbir Singh under Section 468 read with Section 120-

B IPC to undergo RI for one year and to pay a fine of

Rs.500/- each in default of payment of fine to further

undergo RI for 15 days.

3.

Amarjit Singh for offence under Setion 471 IPC and

Raghbir Singh under Section 471 read with Section 120-

B IPC to undergo RI for one year and to pay a fine of

Rs.500/- each and in default of payment of fine to

further undergo RI for 15 days.

4.

Both Amarjit Singh and Raghbir Singh under Section

120-B IPC to undergo RI for one year and to pay a fine

of Rs.500/- each and in default of payment of fine to

further undergo RI for 15 days.

All the sentences were ordered to run concurrently.

Learned counsel for the petitioners does not want to press the

present revision on merit and requests that since petitioners were found

guilty under Sections 420, 468, 471, 120-B IPC and maximum period of

sentence awarded is one year, hence the petitioners may be released on

probation.

Mr. Raghbir Chaudhary, Sr. DAG, Punjab, states that

petitioner/revisionists are the first time offenders and no other criminal

case is pending against them.

In the opinion of this Court, no useful purpose would be

served by keeping the petitioners in the company of hardcore criminals.

Instead of keeping the accused/petitioners in the company of hardcore

criminals, releasing them on probation with enhancement of fine seems

to be best option to avoid tension and to maintain harmony between the

parties. Accordingly, while maintaining the conviction of the

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petitioners, I direct that the accused/petitioners be released on probation

on furnishing probation bond and one surety bond each to the

satisfaction of the learned Trial Court for two years. Petitioners shall

also furnish undertaking before the learned trial Court of the effect that

petitioners shall maintain good behaviour and shall not indulge in the

wrongful activities during the period of probation. However,fine

imposed upon the petitioners is enhanced to Rs.25,000/- each over and

above the fine already imposed by the Trial Court. The petitioners are

directed to deposit the above said amount, with