Revision petition dismissed but petitioners remitted on probation under Section 4(1) of Probation of Offenders Act 1958 due to compromise, first offence, and sentence already partly served.
Petitioners released on probation under Section 4(1) Probation of Offenders Act 1958 with bonds for remaining sentence period.
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CRR No. 135 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR No. 135 of 2012 Date of decision: 25.01.2012
Major Singh and others
........ Petitioners
Versus
State of Punjab and another .......Respondent(s)
Coram: Hon'ble Ms Justice Nirmaljit Kaur
-.-
Present: Mr. G S Kaura, Advocate for the petitioners
Mr. Navdeep Sukhna, DAG, Punjab for the respondent State
-.-
Nirmaljit Kaur, J.
This is a revision petition against the judgement and order of conviction and sentence dated 26.10.2009 as well as judgement dated 22.12.2011 passed by the Additional Sessions Judge, Moga, dismissing the appeal filed by the petitioners.
Vide judgement and order dated 26.10.2009, the trial Court
convicted and sentenced the petitioners as under:-
| Sr. | Name of accused | Under | RI | Fine | In default of |
|---|---|---|---|---|---|
| No. | Sections | payment of fine | |||
| 1 | Major Singh | 326/34 IPC | 1 and ½ year | 500/- | One month |
| 323 IPC | Six months | - | - |
CRR No. 135 of 2012 2
| Sr. No. |
Name of accused | Under Sections |
RI | Fine | In default of payment of fine |
|---|---|---|---|---|---|
| 2 | Balwinder Singh | 326/34 IPC | 1 and ½ year | 500/- | One month |
| 323 IPC | Six months | - | - | ||
| 3 | Sarabjit Singh | 326/34 IPC | 1 and ½ year | 500/- | One month |
| 323 IPC | Six months | - | - | ||
| 4 | Jagrup Singh | 326 IPC | 1 and ½ year | - | - |
| 323/34 IPC | Six months | - | - |
Thereafter, appeal preferred against their conviction and sentence has also been dismissed by the Appellate Court.
Learned counsel for the petitioners, at the very outset, did not argue the case on merit but alternatively prayed that since the matter has been amicably compromised with the complainant, the petitioners be released on probation. Compromise deed dated 07.01.2012 has been placed on record as Annexure P1.
Vide order dated 13.01.2012 passed by this Court, the petitioners were ordered to be released on bail.
After going through the judgements rendered by the Courts below, the learned counsel has rightly not argued on merit. However, this Court finds no reason as to why the alternative prayer cannot be granted.
Learned State counsel has placed on record the custody certificates of all the accused/petitioners, which shows that the petitioners have undergone one month out of the total sentence of 1 and ½ year. In the aforesaid certificates, it is also mentioned that no other case is pending against the accused/petitioners.
However, taking into account that the petitioners are first offender and are facing the agony of long trial since the year 2000, as also that the matter has been amicably resolved, a lenient view qua quantum of sentence is required to be taken. Moreover, the petitioners have already
CRR No. 135 of 2012 3
undergone one month out of the total sentence of one and half year.
In view of the above, the revision petition is dismissed and
conviction of the petitioners is upheld.
However, the petitioners are ordered to be released on probation under Section 4 (1) of the Probation of Offenders Act, 1958 on his furnishing bonds to the satisfaction of the trial Court for keeping peace and good behaviour for the remaining period of sentence. The necessary probation bonds be furnished within a period of two months from today. In case, the petitioners commit breach of any of the terms and conditions of the bonds, they shall be called upon by the trial Court to serve awarded sentence.
(Nirmaljit Kaur) Judge
25.01.2012 mohan
1 issue framed by the court
Whether petitioners convicted under IPC Sections 326/34 and 323 can be released on probation after compromise despite dismissed appeal.
1 provisions across 1 enactments
Major Singh and others
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
