256 IN THE HIGH COURT OF PUNJAB AND HARYANA JASBIR SINGH JASWANT SINGH CORAM: HON’BLE MR. Present: Mr. for the petitioner. HARPREET SINGH BRAR CRM-2219-2017 This seeking condonation of delay of 381 days in filing the present revision petition. For the reasons stated in the application, the same is allowed and delay of 381 days in filing the present revi MAIN CASE 1. The present revision petition has been filed against the impugned judgment dated Gurdaspur, whereby judgment of conviction dated learned Judicial Magistrate Ist Class, order of sentence the respondents on probation for was imposed upon 2. Brief facts of prosecution case are that IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JASBIR SINGH V/S JASWANT SINGH @ JASSA AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Amrik Singh Kalra, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) 2017 This application has been filed under Section 5 of Limitation Act seeking condonation of delay of 381 days in filing the present revision For the reasons stated in the application, the same is allowed and delay of 381 days in filing the present revision petition is condoned. The present revision petition has been filed against the impugned judgment dated 25.08.2015 passed by learned Additional Sessions Judge, , whereby judgment of conviction dated learned Judicial Magistrate Ist Class, Gurdaspur order of sentence of even date i.e. 20.09.2012 has been the respondents on probation for two years and compensation of Rs.45,000/ was imposed upon them and was ordered to be paid to the injured. Brief facts of prosecution case are that IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-2219-2017 in/and CRR-237-2017 Date of decision: 25.03.2025 ...PETITIONER AND OTHERS ...RESPONDENTS HARPREET SINGH BRAR application has been filed under Section 5 of Limitation Act seeking condonation of delay of 381 days in filing the present revision For the reasons stated in the application, the same is allowed and sion petition is condoned. The present revision petition has been filed against the impugned passed by learned Additional Sessions Judge, , whereby judgment of conviction dated 20.09.2012 passed by Gurdaspur has been upheld, however, has been modified by releasing two years and compensation of Rs.45,000/- them and was ordered to be paid to the injured. Brief facts of prosecution case are that 21.10.2006, on account of MANISHA 2025.03.27 18:17 I attest to the accuracy and authenticiy of this order/judgment CRM-2219-2017 in/and CRR-237-2017 Diwali Festiwal, neighbourers of complainant were bursting crackers on the roof of their house and when the mother of the complainant req not to do so, they started hurling stones. Thereafter, o complainant was returning after delivering milk in villa about 8:00 AM and Dhamrai, Jaswant S raised lalkara and caught hold of him and gave his body. Thereafter, when complainant raised alarm, assailants fled away from the spot. On the basis of the statement, 3. On assessing all the material available on the record, the learned trial Court convicted and order of sentence dated Section 324 read with Section 34 IPC. Aggrieved by the same, the respondents preferred an appeal before the learned lower Appellate Court partly allowed and, the with the condition that as compensation to be payable to the injured 4. Learned counsel for the petitioner contends that Court has convicted the private respondents under Sections 324/34 of awarded rigorous imprisonment for one year, however, Appellate Court fell into error by releasing the respondents on probation as the same is based on untenable grounds. The charges against the proven by all the prose convicted the accused persons. A ought not to have granted the benefit of probation to them. 2017 in/and Diwali Festiwal, neighbourers of complainant were bursting crackers on the roof of their house and when the mother of the complainant req not to do so, they started hurling stones. Thereafter, o was returning after delivering milk in villa about 8:00 AM and reached 50 yards ahead of new Bridge of UBDC, river Dhamrai, Jaswant Singh @ Jassa, Sonu, Ajit Singh and Satnam Singh @ Satta raised lalkara and caught hold of him and gave kirch his body. Thereafter, when complainant raised alarm, assailants fled away On the basis of the statement, FIR ( On assessing all the material available on the record, the learned trial Court convicted and sentenced the respondents and order of sentence dated 20.09.2012 for commission of offence under read with Section 34 IPC. Aggrieved by the same, the respondents preferred an appeal before the learned lower Appellate Court partly allowed and, they were released on probation for a period of with the condition that all the convicts shall deposit an amount of Rs. as compensation to be payable to the injured within a period of one week. Learned counsel for the petitioner contends that Court has convicted the private respondents under Sections 324/34 of awarded rigorous imprisonment for one year, however, Appellate Court fell into error by releasing the respondents on probation as the same is based on untenable grounds. The charges against the proven by all the prosecution witnesses and the learned trial Court has rightly convicted the accused persons. As such, the learned ought not to have granted the benefit of probation to them. 2 Diwali Festiwal, neighbourers of complainant were bursting crackers on the roof of their house and when the mother of the complainant requested them to not to do so, they started hurling stones. Thereafter, on 22.10.2006, when the was returning after delivering milk in village Shamu Chak, at reached 50 yards ahead of new Bridge of UBDC, river ingh @ Jassa, Sonu, Ajit Singh and Satnam Singh @ Satta kirch blows on various parts of his body. Thereafter, when complainant raised alarm, assailants fled away FIR (supra) was got registered. On assessing all the material available on the record, the learned the respondents-accused vide judgment for commission of offence under read with Section 34 IPC. Aggrieved by the same, the respondents preferred an appeal before the learned lower Appellate Court, which was were released on probation for a period of 02 years cts shall deposit an amount of Rs.45,000/- within a period of one week. Learned counsel for the petitioner contends that the learned trial Court has convicted the private respondents under Sections 324/34 of IPC and awarded rigorous imprisonment for one year, however, the learned lower Appellate Court fell into error by releasing the respondents on probation as the same is based on untenable grounds. The charges against them stand duly the learned trial Court has rightly s such, the learned lower Appellate Court ought not to have granted the benefit of probation to them. MANISHA 2025.03.27 18:17 I attest to the accuracy and authenticiy of this order/judgment CRM-2219-2017 in/and CRR-237-2017 5. Having heard the learned counsel for the perusing the record with their able assistance, it transpires that lower Appellate Court, after taking into consideration the fact that respondent Ajit Singh (wrongly mentioned as Satnam Singh) is more than 65 years of age respondent-Jaswant Singh is about 58 years of age Singh and Amandeep Sin previous convicts, has rightly granted the respondents, the conces invoking provisions of Sections 3 and 4 of Probation of Offenders Act. The learned lower Appellate Court has also awarded a compensation of Rs.45,000/- under the provisions of Section 5 of the Act. Further, respondents-accused antecedents. The theory of reformation and rehabilitation aims at separating the criminal from the crime and compels us to look beyond the one fateful act committed by him. In a civilised society like o unfortunate if an offender is not given the opportunity to realise and fully fathom his mistake and channel that awareness into making fruitful contributions in society. Haryana 2023(2) Law Herald 2203 made the following observations: “11.2. Objectives and principles of criminal law as envisioned in the provision ibid, apart from deterrence against committing crime against society, are inter inheres the concept of probation. Modern criminal justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crime. The goal of criminal law extends beyond mere punishment. While 2017 in/and Having heard the learned counsel for the perusing the record with their able assistance, it transpires that lower Appellate Court, after taking into consideration the fact that respondent Ajit Singh (wrongly mentioned as Satnam Singh) is more than 65 years of age Jaswant Singh is about 58 years of age Singh and Amandeep Singh @ Sonu are of young age and they all are not previous convicts, vide the impugned judgment dated 25.08.2015 has rightly has rightly granted the respondents, the conces invoking provisions of Sections 3 and 4 of Probation of Offenders Act. The learned lower Appellate Court has also awarded a compensation of under the provisions of Section 5 of the Act. Further, accused have maintained good conduct and do not have criminal antecedents. The theory of reformation and rehabilitation aims at separating the criminal from the crime and compels us to look beyond the one fateful act committed by him. In a civilised society like o unfortunate if an offender is not given the opportunity to realise and fully fathom his mistake and channel that awareness into making fruitful contributions in society. A Co-ordinate bench of this Court in 2023(2) Law Herald 2203, speaking through Justice Arun Monga, made the following observations: “11.2. Objectives and principles of criminal law as envisioned in the provision ibid, apart from deterrence against committing crime against society, are inter-alia focused on the inheres the concept of probation. Modern criminal justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crime. The goal of criminal law extends beyond mere punishment. While 3 Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that the learned lower Appellate Court, after taking into consideration the fact that respondent- Ajit Singh (wrongly mentioned as Satnam Singh) is more than 65 years of age, Jaswant Singh is about 58 years of age and respondents-Satnam h @ Sonu are of young age and they all are not vide the impugned judgment dated 25.08.2015 has rightly has rightly granted the respondents, the concession of probation, while invoking provisions of Sections 3 and 4 of Probation of Offenders Act. The learned lower Appellate Court has also awarded a compensation of under the provisions of Section 5 of the Act. Further, the have maintained good conduct and do not have criminal antecedents. The theory of reformation and rehabilitation aims at separating the criminal from the crime and compels us to look beyond the one fateful act committed by him. In a civilised society like ours, it would be truly unfortunate if an offender is not given the opportunity to realise and fully fathom his mistake and channel that awareness into making fruitful ordinate bench of this Court in Nasri v. State of , speaking through Justice Arun Monga, “11.2. Objectives and principles of criminal law as envisioned in the provision ibid, apart from deterrence against committing crime against lia focused on the reformation of offenders, which inheres the concept of probation. Modern criminal justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive change in individuals who have committed crime. The goal of criminal law extends beyond mere punishment. While MANISHA 2025.03.27 18:17 I attest to the accuracy and authenticiy of this order/judgment CRM-2219-2017 in/and CRR-237-2017 punishment serves to deter and hold individuals accountable for their actions, there is a growing recognition of the importance of addressing the underlying factors that contribute to criminal perspective emphasizes the potentials of offenders to reform and reintegrate into society as law mechanisms used to achieve this reformation objective. In certain cases, certain offenders may be as rather than being incarcerated. During such probation period, the offender can be put to follow certain conditions, such as regular reporting to a probation officer, participating in counselling or treatment progra provide support, guidance and opportunities for the offender and to address the root causes of their criminal behaviour and develop positive life skills. Close monitoring and guidance provided durin help the offender make positive changes in their life and reduce the likelihood of re offending.” 6. In Deo Narain Mandal v. State of UP (2004) 7 SCC 257 Judge Bench of the Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each case, which includes factors like gra offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, prope should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. Further, a two Judge Bench of the Hon'ble Supreme Court in v. State of AP sentence also serves a social purpose as it acts as a deterrent by making the 2017 in/and punishment serves to deter and hold individuals accountable for their actions, there is a growing recognition of the importance of addressing the underlying factors that contribute to criminal perspective emphasizes the potentials of offenders to reform and reintegrate into society as law-abiding citizens. Probation is one of the mechanisms used to achieve this reformation objective. In certain cases, certain offenders may be asked to remain under community supervision rather than being incarcerated. During such probation period, the offender can be put to follow certain conditions, such as regular reporting to a probation officer, participating in counselling or treatment programs and maintaining employment or education. The aim is to provide support, guidance and opportunities for the offender and to address the root causes of their criminal behaviour and develop positive life skills. Close monitoring and guidance provided durin help the offender make positive changes in their life and reduce the likelihood of re offending.” Deo Narain Mandal v. State of UP (2004) 7 SCC 257 ench of the Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each case, which includes factors like gravity of the offence, manner in which offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, prope should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. Further, a two Judge Bench of the Hon'ble Supreme Court in v. State of AP AIR 2017 SC 1166, has reiterated that the imposition of sentence also serves a social purpose as it acts as a deterrent by making the 4 punishment serves to deter and hold individuals accountable for their actions, there is a growing recognition of the importance of addressing the underlying factors that contribute to criminal behaviour. This perspective emphasizes the potentials of offenders to reform and abiding citizens. Probation is one of the mechanisms used to achieve this reformation objective. In certain cases, ked to remain under community supervision rather than being incarcerated. During such probation period, the offender can be put to follow certain conditions, such as regular reporting to a probation officer, participating in counselling or treatment ms and maintaining employment or education. The aim is to provide support, guidance and opportunities for the offender and to address the root causes of their criminal behaviour and develop positive life skills. Close monitoring and guidance provided during probation can help the offender make positive changes in their life and reduce the Deo Narain Mandal v. State of UP (2004) 7 SCC 257, a Three ench of the Hon'ble Supreme Court has opined that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each vity of the offence, manner in which, the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. Further, a two Judge Bench of the Hon'ble Supreme Court in Ravada Sasikala , has reiterated that the imposition of sentence also serves a social purpose as it acts as a deterrent by making the MANISHA 2025.03.27 18:17 I attest to the accuracy and authenticiy of this order/judgment CRM-2219-2017 in/and CRR-237-2017 accused realise the damage caused not only to the victim but also to the society at large. The law in this regard is well reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the accused. 7. In view of the facts and circumstances of the case, this Court finds no perversity or illegality in findings recorded by the learned lower Appellate Court, which warrant interference. Hence, the petition stands dismissed. March 25, 2025 manisha (i) (ii) 2017 in/and accused realise the damage caused not only to the victim but also to the society at large. The law in this regard is well reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of accused to strike a balance between the efficacy of law and the chances of eformation of the accused. In view of the facts and circumstances of the case, this Court perversity or illegality in findings recorded by the learned lower Court, which warrant interference. Hence, the petition stands dismissed. (HARPREET SINGH BRAR 5 Whether speaking/reasoned Whether reportable 5 accused realise the damage caused not only to the victim but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner in which the crime was committed and the conduct of accused to strike a balance between the efficacy of law and the chances of In view of the facts and circumstances of the case, this Court perversity or illegality in findings recorded by the learned lower Court, which warrant interference. Hence, the instant revision HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.03.27 18:17 I attest to the accuracy and authenticiy of this order/judgment