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Santosh & Anr vs State Of Haryana & Anr on 2 May, 2019

Criminal Revision No. 4050 of 2015 (OM) -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

Criminal Revision No. 4050 of 2015 (OM)
Date of decision : May 02, 2019

Santosh and another
….Petitioners
versus

State of Haryana and another
….Respondents

Coram: Hon’ble Mr. Justice Fateh Deep Singh

Present : Mr. Abhinav Sood, Advocate, for the petitioners
Both the petitioners in person

Mr. Amrik Narwal, DAG Haryana for the State

Mr. Sushil Sheoran, Advocate, for respondent no.2
Respondent no. 2 also in person

Fateh Deep Singh, J. (Oral)

Revisionists Santosh and Sandeep were tried in a case

bearing FIR No. 9 dated 17.01.2013, under Sections 498-A, Section406, Section506

IPC, Police Station Badhra, District Bhiwani and through its judgment

order dated 28.1.2015 the court of learned Judicial Magistrate Ist

Class, Charkhi Dadri acquitted both the accused. The complainant-

Santosh aggrieved over this finding filed an appeal against acquittal

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Criminal Revision No. 4050 of 2015 (OM) -2-

of the accused. It is through judgment dated 9.10.2015, the court of

learned Additional Sessions Judge, Bhiwani allowed the appeal of

the complainant and both the accused were held guilty for the

commission of offence under Sections 498A, Section506 IPC and

sentenced them to undergo rigorous imprisonment for two years

each and to pay a fine of Rs 2000/- each and in default of payment of

fine, to further undergo SI for two months each under Section 498-A

IPC and to undergo rigorous imprisonment for one year each and to

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

further undergo SI for one month each under Section 506 IPC.

Against the aforesaid findings, convicts have come up in

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

Court.

Mr. Abhinav Sood, learned counsel for the petitioners

revisionists at the very onset has submitted that the petitioners have

been found guilty under Section 498-A, Section506 IPC and sentenced to

undergo rigorous imprisonment for maximum two years and out of

which they have already undergone sufficient incarceration. It is

further submitted that the parties have effected compromise and the

complainant is residing with the petitioners and that the petitioners

are suffering pangs of this prosecution since 17.1.2013 and thus for

more than six years the Sword of Damocles is hanging over their

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head. The petitioners are first offenders and thus prayed for

showing leniency by way of grant of concession of probation.

Though the learned State counsel assisted by Mr. Sushil

Sheoran, Advocate, for complainant does not disputes the fact of

this long suffering by the petitioners but has opposed the grant of the

concession of probation on the grounds that they have ill-treated the

complainant and therefore, are not entitled to any concession.

Appreciating the submissions for more than six long years

the petitioners have been suffering for this. The parties have also

effected a compromise and presently the complainant is residing with

the petitioners. They have also made statements before this Court

regarding effecting of compromise. The complainant has also made

statement that she has no objection if the concession of probation is

extended to the petitioners. 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, this Court finds it to be a fit

case for releasing the petitioners on probation. Accordingly, the

petitioners are ordered to be released on probation of good conduct

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on furnishing probation bonds to the satisfaction of learned trial

Magistrate in the sum of Rs 50,000/- with one surety each 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 two months, on receipt of copy

of this order, the instant revision petition shall be deemed to have

been dismissed. The complainant reserves the right for moving

appropriate application for withdrawal of concession of probation to

the petitioners in case she is maltreated by the petitioners again.

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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