204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-906-2014 Date of Decision: May 15, 2025 Hans Raj and others …Pe--oners Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. H.S. Randhawa, Advocate for the peoners. Ms. Prabha Bali, AAG, Punjab. DEEPAK GUPTA , J.(Oral) The four peoners, namely, Hans Raj, Surinder Kumar alias Kala, Binder Kumar and Malkiat Singh were tried by learned Judicial Magistrate 1st Class, Sunam, in a case arising out of FIR No.29 dated 12.03.2007, under Secons 452, 323, 324 and 34 IPC, registered at Police Staon Dirba and a6er compleon of trial, they were convicted under Secons 452/323/324 vide judgment dated 22.10.2011. Vide a separate order of even date, the four peoners were sentenced as under:- Sr. No. Offence Sentence (R.I) Fine Further sentence in case of non-payment of fine Surinder Kumar 1. 452 IPC 03 months -- -- 2. 323 IPC 01 month -- -- 3. 324 IPC 03 months -- -- Hans Raj 1. 452 IPC 03 months -- -- 2. 323 IPC 01 month -- -- Binder Kumar 1. 452 IPC 03 months -- -- 2. 323 IPC 01 month -- -- Malkiat Singh 1. 452 IPC 03 months -- -- 2. 323 IPC 01 month -- -- 2. It is thus evident that the maximum sentence imposed upon the peoners is 03 months. The appeal filed against the judgment of convicon and order of sentence was dismissed by the Appellate Court and Sarita Rani 2025.05.16 14:56 I attest to the accuracy of this document/order CRR-906-2014 - 2 - 2025:PHHC:065218 so the peoners have approached this Court by way of present revision peon. 3. At the outset, learned counsel for the peoners submits that he does not contest the convicon of the peoners, but prays to release the peoners on probaon, submi<ng that the Courts below have not considered the provisions of Secon 360 Cr.P.C. 4. As per custody cerficates placed on record by learned State counsel, all the peoners have already undergone custody period of 27 days. 5. Having regard the nature of the offence and the fact that the occurrence had taken place in the year 2007, i.e. more than 18 years back, the prayer is accepted. All the peoners are directed to be released on probaon for the remaining period of sentence on their furnishing probaon bonds in the sum of `25,000/- with one surety of the like amount each to the sasfacon of the concerned Chief Judicial Magistrate. The said bonds are to be furnished within a period of four weeks from today. On the failure of the peoners to do so, they will have to undergo remaining sentence. The amount of fine as imposed upon them, if already paid, shall be considered as prosecuon cost. It is further made clear that the convicon of peoners as maintained by this Court will not entail any disqualificaon, in view of Secon 12 of the Probaon and Offenders Act, 1958. Disposed of. May 15, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.05.16 14:56 I attest to the accuracy of this document/order