Ajay Deep Singh Vs State of Hp

against the judgment, dated 13.3.2025, passed by the learned Additional Sessions Judge, Dehra, District Kangra, H.P.,(hereinafter referred to as ‘the Appellate

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Court), in Criminal Appeal No. 79-G/X/2023, titled as ‘Ajay Deep Singh versus State of H.P.’

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Vide judgment, dated 13.3.2025, the learned

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Appellate Court has dismissed the appeal, filed by the petitioner (hereinafter referred to as ‘the convict’), against the judgment of conviction, dated 28.6.2023 and order of sentence, dated 1.7.2023, passed by the Court of learned Addl. Chief Judicial Magistrate, Dehra, District Kangra, H.P. (hereinafter referred to as ‘the trial Court’), in Police Challan No. 88-II/2015, titled as, ‘State of H.P. versus Ajay Deep Singh’.

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By virtue of judgment of conviction, dated 28.6.2023 and order of sentence, dated 1.7.2023, the learned trial Court has convicted the

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convict/petitioner, for the commission of offences, punishable under Sections 451 and 325 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced him in the following manner:

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Sections Sentence imposed In default S. 451IPC Simple imprisonment for a Simple imprisonment for 15 days.

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period of three months and to pay a fine of Rs. 500/S.325 IPC Simple imprisonment for a Simple imprisonment for period of six months and to one month. pay a fine of Rs. 1,000/-

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Vide order, dated 30.4.2025 this Court has

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ordered to call for the report of the Probation Officer. In sequel thereto, the report of the Probation Officer has been received. However, learned Additional Advocate General was directed to clarify the position, regarding character verification report, vide order dated 8.8.2025.

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In pursuance of said order, report from the SHO, Police Station, Dehra, District Kangra, H.P., has been received, according to which, in case arising out of FIR No. 109 of 1999, dated 18.6.1999, registered under Sections 452, 342, 325 and 34 IPC, with Police Station, Jwalamukhi, the petitioner/convict herein stands acquitted by the Court of learned JMFC, Dehra, District Kangra, H.P. In case, arising out of FIR No. 108 of 2003, dated 4.8.2003, registered under Sections 447, 427, 506 and 34 IPC, with Police

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Station, Jwalamukhi, District Kangra, H.P., the matter has been compromised. Similarly, in case, arising out of FIR No. 154 of 2016, dated 15.10.2016, registered under Section 435 IPC, with Police Station, Dehra, District Kangra, H.P., the matter has been compromised.

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Today, statement of the convict/petitioner has been recorded on oath, in which, he has stated that he does not want to press the present petition, preferred against the judgment of conviction. He has also deposed in corroboration of the report filed by the SHO, Police Station, Dehra, District Kangra, H.P.

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The report of the Probation Officer perused. The Probation Officer has specifically mentioned that the conduct of the convict, during past years, in the society, is good and has recommended that the benefit under Probation of Offenders Act be given to them.

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The offences, for which, the convict has been convicted, are not punishable with death or

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imprisonment for life. The convict is having the permanent abode in District Kangra, H.P.

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The convict has already faced the agony of the trial, including the pendency of the Cr. Revision, for the last about ten years.

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Our Criminal Jurisprudence System is reformatory in nature. With the passage of time, it has been realized that sending the first offender to jail, to undergo substantive sentence, does not produce good results, as, the first offender/convict, sometimes, may come in contact with the hardened criminals.

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The probation is a kind of non-custodial sentence, by giving an opportunity to the convict to reform himself, while abiding by certain conditions, imposed by the Court, for a certain period. It is a reformatory measure to achieve the object, by giving an opportunity to the convict, to reform himself, instead of directing him to undergo substantive sentence.

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While, not pressing his Cr. Revision, against the judgment of conviction, the convict, has prayed that he be released on probation. Rejecting the prayer of the convict to release him on probation, would amount to punishing his family members, for the offences, committed by the convict.

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Considering the nature of the offences, this Court is of the view that it would be expedient to release the convict on probation of good conduct, instead of directing him to undergo substantive sentence, as imposed by the learned trial Court.

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Considering all these facts, the Cr. Revision petition of the convict is dismissed against the judgment of conviction, however, in view of the discussions made above, the order of sentence is ordered to be modified. Instead of directing the convict to undergo the substantive sentence, he is directed to be released on probation of good conduct, on his furnishing personal bond in the sum of Rs.

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50,000/-, with one surety, of the like amount, to the satisfaction of the learned trial Court, to keep peace and be of good behaviour, for a period of two years and to receive the substantive sentence, as and when, called upon to do so, during the period of two years.

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The convict is also directed to deposit a sum of ₹20,000/-, which shall be in addition to the fine amount, if any, already deposited by him, in this case, with the learned trial Court, within a period of one month from today. The said amount of Rs. 20,000/shall be paid to the complainant, as compensation, by the learned trial Court, after issuing notice to him, in this regard.

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It is clarified that in case of violation of any of the conditions, so imposed, including the terms and conditions of the requisite bonds, the order of sentence shall revive automatically, without reference to this Court. In that eventuality, the convict-petitioner is

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directed to surrender before the learned trial Court, to

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undergo the substantive sentence.

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