Punjab and Haryana High Court: The order modifying the sentence of respondents-convicts passed by the learned Additional Sessions Judge wherein he directed the release of the convicts on probation of good conduct was upheld in a revision petition filed under Section 401 CrPC, by a Single Judge Bench comprising of Shekher Dhawan, J.
The respondents were accused in a criminal case registered under Sections 324 and 341 read with Section 34 IPC. They were convicted under the said sections by the learned Judicial Magistrate and sentenced accordingly. However, on appeal against the said order, the Additional Sessions Judge upheld the order of conviction but modified the sentence and released the convicts on probation of good conduct by imposing conditions. The petitioner submitted that the injured in the case has sustained grievous injuries and the order of the Additional Sessions Judge should be set aside.
In order to settle the controversy, the High Court referred to various decisions of the Supreme Court as well as the same Court. The Court observed that there was no illegality in the impugned order. The offences alleged against the convicts were recorded under Sections 324/341/34 of IPC; and the accused persons involved in such like cases who were not previous convicts and not habitual offenders, could be extended the benefit of probation under the Act. In the instant case, the respondents were not previous convicts and the Additional Sessions Judge passing the said order had taken into consideration the fact that in case the convicts were released on probation, that shall afford an opportunity to the parties to live peacefully; also the conditions imposed on the convicts were reasonable and in accordance with law. Thus, the revision petition was dismissed. [Phuman Singh v. State of Punjab, 2017 SCC OnLine P&H 3504, dated 01-12-2017]