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Harinder Singh vs State Of Punjab on 2 May, 2019

Criminal Revision No. 519 of 2016 (OM) -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

Criminal Revision No. 519 of 2016 (OM)
Date of decision : May 02, 2019

Harinder Singh
….Petitioner
versus

State of Punjab and another
….Respondent

Coram: Hon’ble Mr. Justice Fateh Deep Singh

Present : Mr. Randeep Singh Rana, Advocate, for the petitioner

Mr. Rakeshinder Singh Sidhu, AAG, Punjab for the State

Mr. Kuldeep Singh Sainij, Advocate, for respondent no. 2

Fateh Deep Singh, J. (Oral)

Revisionist Harinder Singh along with Darshan Singh and

Amarjit Kaur were tried in a case bearing FIR No. 146 dated

19.4.2010, under Sections 406, Section498-A IPC, Police Station Kotwali,

Patiala and through its judgment order dated 25.9.2015 the court of

learned Judicial Magistrate Ist Class, Patiala acquitted accused

Darshan Singh and Amarjit Kaur for all the offences and Harinder

Singh was found guilty for commission of offence under Sections

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Criminal Revision No. 519 of 2016 (OM) -2-

406, 498A SectionIPC and sentenced to undergo imprisonment for one year

and to pay a fine of Rs 1000/- and in default of payment of fine, to

further undergo SI for one month under Section 406 IPC and also

awarded similar sentence under Section 498-A IPC. The convict

aggrieved over this finding filed an appeal against his conviction.

The complainant-Jasbir Kaur had also filed two appeals, one against

the acquittal of Darshan Singh and Amarjit Kaur co-accused of

Harinder Singh and the second for enhancement of substantive

sentence imposed upon convict-Harinder Singh It is through

common judgment dated 28.1.2016, the court of learned Additional

Sessions Judge, Patiala dismissed all the three appeals of accused

Harinder Singh as well as of complainant Jasbir Kaur.

Still unsatisfied the convict had come up in this criminal

revision with the aid of Section 401 Cr.P.C. before this Court in this

revision.

Mr. Randeep Singh Rana, learned counsel for the

petitioner revisionist at the very onset has submitted that the

petitioner has been found guilty under Sections 406, Section498-A IPC and

sentenced to undergo maximum imprisonment for one year and out

of which he has already undergone three months. It is further

submitted that the parties have also effected compromise Annexure

P/3, which was taken on record vide orders dated 20.7.2018. It is

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contended that the petitioner is suffering pangs of this prosecution

since 19.4.2010 and thus for more than nine years the Sword of

Damocles is hanging over his head. The petitioner over this period

has advanced in age and thus prayed for showing leniency by way of

grant of concession of probation.

Though the learned State counsel assisted by Mr.

Kuldeep Singh Saini, Advocate, for complainant does not disputes

the fact of this long suffering by the petitioner but has opposed the

grant of the concession of probation on the grounds that he had ill-

treated his wife and therefore, is not entitled to any concession.

Appreciating the submissions for more than nine long

years the petitioner had been suffering for this and by now must have

grown old and thus has suffered sufficiently on account of such a

remiss towards his own spouse. It is further worth while to note here

that none of the courts below in view of sentence of imprisonment so

awarded had ever considered grant of concession in terms of Section

360 Cr.P.C. which is legislated for the first time offenders with a view

to ensure that they are not sent behind the bars and where they may

go awry from the path of rectitude and become hardened criminals.

Keeping in view all the circumstances including the compromise

effected between the parties, this Court finds it to be a fit case for

releasing the petitioner on probation. Accordingly, the petitioner is

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Criminal Revision No. 519 of 2016 (OM) -4-

ordered to be released on probation of good conduct on furnishing

probation bond to the satisfaction of learned trial Magistrate in the

sum of Rs 20,000/- with one surety of like amount upon undertaking

to appear and receive sentence whenever called upon during the

period of one year and in the meantime to keep peace and be of

good behaviour. The fine amount imposed by the courts below shall

be treated as cost of the proceedings. If probation bond is not

furnished within one month, on receipt of copy of this order, the

instant revision petition shall be deemed to have been dismissed.

With modification in sentence as aforesaid, the revision

petition stands disposed of accordingly.

( Fateh Deep Singh )
May 02, 2019 Judge
‘tiwana’

Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No

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