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High CourtsSingle Bench(2011) 01 P&H CK 0144

Sukhdev Singh alias Babbu vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 January 2011

HON’BLE JUDGES
Alok Singh, J
CASE NUMBER
CRR No. 3070 of 2010 (O and M)

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Judgment

6 paragraphs · 354 words

Alok Singh, J.—Petitioner was found guilty under Sections 384, 506 of the Indian Penal Code and 25 of the Arms Act, 1959 and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/-and in default to further undergo rigorous imprisonment for a period of two months u/s 384 IPC. He was further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-and in default to further undergo rigorous imprisonment for a period of one month u/s 506 IPC. Petitioner was further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-and in default to further undergo rigorous imprisonment for a period of one month. All the sentences were ordered to run concurrently. The appeal preferred by the revisionist was dismissed by the learned Additional Sessions Judge, Barnala, vide judgment dated 22.9.2010 and order passed by the learned Trial Court was affirmed.

2.

Learned Counsel for the Petitioner does not want to press the present revision on merit and only requests that since Petitioner was found guilty under Sections 384, 506 of the Indian Penal Code and 25 of the Arms Act, 1959. Since maximum period of sentence is one year, hence the Petitioner may be released on probation.

3.

Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him.

4.

I have heard learned Counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. The Petitioner has already undergone for about two months in this case.

5.

Considering totality of the facts and circumstances of this case, I direct that the accused/Petitioner be released on probation on furnishing of probation bond before the learned Trial Court for one year

6.

With above mentioned modification, this revision petition is disposed of.