CRR-1820-2025 (O&M) and three connected IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 1. CRR-1820 Balbir Singh @ Balvir Singh State of Punjab 2. CRR-1825 Prem Singh @ Bhinder Singh State of Punjab 3. CRR-1834 Binder Singh @ Harwinder Singh State of Punjab 4. CRR-1854 Kala Singh @ Jagsir Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, 1. petitions are they are similar in nature and lay challenge to the same judgments/orders. 2025 (O&M) and three connected IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 1820-2025 (O&M) Balbir Singh @ Balvir Singh Versus Punjab 1825-2025 (O&M) Prem Singh @ Bhinder Singh Versus State of Punjab 1834-2025 (O&M) Binder Singh @ Harwinder Singh Versus State of Punjab 1854-2025 (O&M) Kala Singh @ Jagsir Singh Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Harvinder Singh Mann, Advocate for the petitioners. Ms. Ramta Chowdhary, DAG, Punjab. MANISHA BATRA, J. (Oral) This common order shall dispose of above mentioned four petitions are they are similar in nature and lay challenge to the same judgments/orders. -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH ...Petitioner Versus ...Respondent ...Petitioner Versus ...Respondent ...Petitioner Versus ...Respondent ...Petitioner Versus ...Respondent Date of decision : 02.08.2025 CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Harvinder Singh Mann, Advocate Ms. Ramta Chowdhary, DAG, Punjab. This common order shall dispose of above mentioned four petitions are they are similar in nature and lay challenge to the same ...Petitioner ...Respondent ...Petitioner ...Respondent ...Petitioner ...Respondent itioner ...Respondent Date of decision : 02.08.2025 This common order shall dispose of above mentioned four petitions are they are similar in nature and lay challenge to the same MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected 2. challenging the both dated First Class, titled as State vs. Balvir Singh and others 27.04.2016, registered under Sections 148, 325, 323, 427 and 149 of IPC Police Station Bareta, convicted under Sections 148 and 323 of IPC read with Section 149 of IPC and were maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, Mansa (hereinafter referred to as ‘appellate Court’) by the petitioner 3. that he does not intend to press the petition revision petition probation be granted to the petitioner before this Court is as to whether the prayer made by the petitioner extending benefit of probation can be accepted or 4. trial Court for commission of offences punishable under Sections of IPC read with Section 149 of IPC appellate Court litigation from the last more The petitioner 2025 (O&M) and three connected The instant revision petitions challenging the judgment of conviction and order on quantum of sentence, dated 30.10.2019, passed by the Court of learned First Class, Budhlada (hereinafter referred to as ‘the trial Court’) State vs. Balvir Singh and others 27.04.2016, registered under Sections 148, 325, 323, 427 and 149 of IPC Police Station Bareta, whereby the petitioner convicted under Sections 148 and 323 of IPC read with Section 149 of IPC sentenced to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, (hereinafter referred to as ‘appellate Court’) by the petitioners and other co-accused had been dismissed. Learned counsel for the petitioner that he does not intend to press the petition revision petitions and restricts his argument to the extent that benefit of probation be granted to the petitioners. In view thereof, the sole consideration before this Court is as to whether the prayer made by the petitioner extending benefit of probation can be accepted or As mentioned above, the petitioner trial Court for commission of offences punishable under Sections of IPC read with Section 149 of IPC. Their appellate Court as mentioned above. The petitioner litigation from the last more about 09 years. The petitioners have already undergone actual -2- s have been filed by the petitioner of conviction and order on quantum of sentence, , passed by the Court of learned Judicial Magistrate (hereinafter referred to as ‘the trial Court’) in case State vs. Balvir Singh and others, arising out of FIR No. 23 dated 27.04.2016, registered under Sections 148, 325, 323, 427 and 149 of IPC whereby the petitioners had been held guilty and convicted under Sections 148 and 323 of IPC read with Section 149 of IPC ed to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, (hereinafter referred to as ‘appellate Court’), whereby the appeal filed accused had been dismissed. Learned counsel for the petitioners, at the very outset, submits that he does not intend to press the petitions on the grounds as taken in the stricts his argument to the extent that benefit of . In view thereof, the sole consideration before this Court is as to whether the prayer made by the petitioners extending benefit of probation can be accepted or not? As mentioned above, the petitioners had been held guilty by the trial Court for commission of offences punishable under Sections 148 and 323 Their appeal had been dismissed by the . The petitioners are facing rigors of years. Much water has flown since then. already undergone actual imprisonment a period of been filed by the petitioners of conviction and order on quantum of sentence, Judicial Magistrate case of FIR No. 23 dated 27.04.2016, registered under Sections 148, 325, 323, 427 and 149 of IPC at had been held guilty and convicted under Sections 148 and 323 of IPC read with Section 149 of IPC ed to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, ereby the appeal filed , at the very outset, submits on the grounds as taken in the stricts his argument to the extent that benefit of . In view thereof, the sole consideration s for had been held guilty by the 148 and 323 appeal had been dismissed by the rs of Much water has flown since then. imprisonment a period of 30 MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected days and in the intervening period, case. They are learned counsel for the petitioner to the benefit of probation. 5. prayer made by the petitioner 6. her on probation, let us have a look on the law on this point. T object of the Probation Act came to be decided by Hon'ble Ape Jugal Kishore Prasad v. State of Bihar, 1972 AIR (SC) 2522 Supreme Court while considering the under:- 2025 (O&M) and three connected and in the intervening period, they are They are leading happy and peaceful life with learned counsel for the petitioners have urged that the petitioner to the benefit of probation. Learned State counsel has no serious objectio prayer made by the petitioners. Before considering the prayer made by the petitioner to release on probation, let us have a look on the law on this point. T object of the Probation Act came to be decided by Hon'ble Ape Kishore Prasad v. State of Bihar, 1972 AIR (SC) 2522 Supreme Court while considering the scope of the Probation Act "The Probation of Offenders Act was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or after due admonition and for matters connected therewith. The object of the Act is to prevent the conversion of youthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age in case the youthful offenders are sentenced to undergo imprisonment in jail. The above object is in consequence with the present trend in the field of penology, according to which effort should be made to bring about correction and reformation of the individual offenders and not to resort to retributive justice. Modern criminal jurisprudence recognizes that no one is a born criminal and that a go the product of socio-economic milieu. Although not much can be done for hardened criminals, considerable stress has been laid on bringing about reform of young offenders not guilty of -3- they are not involved in any other criminal leading happy and peaceful life with their families. Hence, urged that the petitioners are entit earned State counsel has no serious objection to the limited Before considering the prayer made by the petitioner to release on probation, let us have a look on the law on this point. The aims and object of the Probation Act came to be decided by Hon'ble Apex Court in case Kishore Prasad v. State of Bihar, 1972 AIR (SC) 2522. Hon’ble scope of the Probation Act had held as "The Probation of Offenders Act was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or after due admonition and for matters connected therewith. The object of the Act is to prevent the uthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age in case the youthful offenders are sentenced to undergo imprisonment in jail. The above object is in consequence with ield of penology, according to which effort should be made to bring about correction and reformation of the individual offenders and not to resort to retributive justice. Modern criminal jurisprudence recognizes that no one is a born criminal and that a good many crimes are economic milieu. Although not much can be done for hardened criminals, considerable stress has been laid on bringing about reform of young offenders not guilty of n any other criminal . Hence, entitled n to the limited Before considering the prayer made by the petitioner to release he aims and x Court in case Hon’ble had held as "The Probation of Offenders Act was enacted in 1958 with a view to provide for the release of offenders of certain categories on probation or after due admonition and for matters connected therewith. The object of the Act is to prevent the uthful offenders into obdurate criminals as a result of their association with hardened criminals of mature age in case the youthful offenders are sentenced to undergo imprisonment in jail. The above object is in consequence with ield of penology, according to which effort should be made to bring about correction and reformation of the individual offenders and not to resort to retributive justice. Modern criminal jurisprudence recognizes od many crimes are economic milieu. Although not much can be done for hardened criminals, considerable stress has been laid on bringing about reform of young offenders not guilty of MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected 7. AIR 1972 Supreme Court 1295 Biswas and others, 1974 AIR (SC) 1818 had taken the similar v (supra) reads as under: 2025 (O&M) and three connected very serious offences and of preventing their associa hardened criminals." Reliance can also be placed upon AIR 1972 Supreme Court 1295andArvind Mohan Sinha v. Amulya Kumar Biswas and others, 1974 AIR (SC) 1818 had taken the similar view. Relevant paragraph of Arvind Mohan Sinha’s case (supra) reads as under:- "The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the indignity of incarceration, can be usefully rehabilitat society. A jail term should normally be enough to wipe out the stain of guilt but the sentence which the society passes on convicts is relenless. The ignominy commonly associated with a jail term and the social stigma which attached to convicts often render the remedy worse than the disease and the year purposes of punishment stands in the danger of being frustrated. In recalcitrant cases punishment has to be deterrent so that others similarly minded may warn themselves of the hazards of taking to a career of crime. But the novice who strays into the path of crime ought, in the interest of society, be treated as being socially stick. Crimes are not always rooted in criminal tendencies and their origin may lie in psychological factors induced by hunger, Offenders Act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in society. An attitude of social defiance and comes to a convict who, after a jail term, is apt to think that he has no more to lose or fear may breed a litter of crime. The object of the Probation of Offenders Act is to nip that attitude in the bud. Winifred A Sikin describes prob -4- very serious offences and of preventing their association with Reliance can also be placed upon Isher Das v. State of Punjab, Arvind Mohan Sinha v. Amulya Kumar Biswas and others, 1974 AIR (SC) 1818, wherein Hon’ble Supreme Court iew. Relevant paragraph of Arvind Mohan Sinha’s case "The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the indignity of incarceration, can be usefully rehabilitated in society. A jail term should normally be enough to wipe out the stain of guilt but the sentence which the society passes on convicts is relenless. The ignominy commonly associated with a jail term and the social stigma which attached to convicts render the remedy worse than the disease and the year purposes of punishment stands in the danger of being frustrated. In recalcitrant cases punishment has to be deterrent so that others similarly minded may warn themselves of the areer of crime. But the novice who strays into the path of crime ought, in the interest of society, be treated as being socially stick. Crimes are not always rooted in criminal tendencies and their origin may lie in psychological want and poverty. The Probation of Offenders Act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in society. An attitude of social defiance and recklessness which comes to a convict who, after a jail term, is apt to think that he has no more to lose or fear may breed a litter of crime. The object of the Probation of Offenders Act is to nip that attitude in the bud. Winifred A Sikin describes probation as a system tion with Isher Das v. State of Punjab, Arvind Mohan Sinha v. Amulya Kumar wherein Hon’ble Supreme Court iew. Relevant paragraph of Arvind Mohan Sinha’s case "The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the ed in society. A jail term should normally be enough to wipe out the stain of guilt but the sentence which the society passes on convicts is relenless. The ignominy commonly associated with a jail term and the social stigma which attached to convicts render the remedy worse than the disease and the year purposes of punishment stands in the danger of being frustrated. In recalcitrant cases punishment has to be deterrent so that others similarly minded may warn themselves of the areer of crime. But the novice who strays into the path of crime ought, in the interest of society, be treated as being socially stick. Crimes are not always rooted in criminal tendencies and their origin may lie in psychological want and poverty. The Probation of Offenders Act recognises the importance of environmental influence in the commission of crimes and prescribes a remedy whereby the offender can be reformed and rehabilitated in recklessness which comes to a convict who, after a jail term, is apt to think that he has no more to lose or fear may breed a litter of crime. The object of the Probation of Offenders Act is to nip that attitude ation as a system MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected 8. the question that arises before this Court is that as to whether are entitled t this Court, the answer to this question must be in the affirmative. 9. Probation of Offenders Act, 1958 Sections 360 the commission of less serious offences, on account of grave risk to their attitude to life to which they are likely to be exposed as a result of their association with the hardened and habitual crimi stay in jail in such circumstances might well attract them towards a life of crime instead of reforming them. This would clearly reform them, and for that reason, it would perhaps also be to an extent prejudicial to the larger interests of the society as a whole. Perhaps that was the reason that the mandatory injunction against imposition of sentence of imprisonment has been embodied in Section mandate is inspired by the desire to keep the young delinquent/first offenders away from the possibility of association or close contact with hardened criminals and their evil influence. Therefore, these beneficial provisions have to be liberally construed. 2025 (O&M) and three connected which provides a means of re of breaking up the offender's normal life and removing him from the natural surroundings of his home. (English Juvenile Courts (1938) page 162) Edwin R. Sutherland raises it to status of a convicted offender. (Principles of Criminology, 4th Edn. (1947) page 383)." In view of the ratio of law as laid down in aforecited judgment, the question that arises before this Court is that as to whether entitled to the benefit of probation or not ? this Court, the answer to this question must be in the affirmative. The object underlying the provisions of Sections Probation of Offenders Act, 1958 (for brevity "the Probation Act") 360 & 361 of Cr.PC, is that the first offenders be not sent to jail for the commission of less serious offences, on account of grave risk to their attitude to life to which they are likely to be exposed as a result of their association with the hardened and habitual crimi stay in jail in such circumstances might well attract them towards a life of crime instead of reforming them. This would clearly reform them, and for that reason, it would perhaps also be to an extent prejudicial to the larger interests of the society as a whole. Perhaps that was the reason that the mandatory injunction against imposition of sentence of imprisonment has been embodied in Section mandate is inspired by the desire to keep the young delinquent/first offenders away from the possibility of association or close contact with hardened criminals and their evil influence. Therefore, these beneficial provisions have e liberally construed. -5- which provides a means of re-education without the necessity of breaking up the offender's normal life and removing him from the natural surroundings of his home. (English Juvenile Courts (1938) page 162) Edwin R. Sutherland raises it to status of a convicted offender. (Principles of Criminology, 4th In view of the ratio of law as laid down in aforecited judgment, the question that arises before this Court is that as to whether the petitioner o the benefit of probation or not ? In the considered opinion of this Court, the answer to this question must be in the affirmative. object underlying the provisions of Sections 4 and 6 of the (for brevity "the Probation Act") first offenders be not sent to jail for the commission of less serious offences, on account of grave risk to their attitude to life to which they are likely to be exposed as a result of their association with the hardened and habitual criminal inmates of the jail. Their stay in jail in such circumstances might well attract them towards a life of crime instead of reforming them. This would clearly cause more harm than to reform them, and for that reason, it would perhaps also be to an extent prejudicial to the larger interests of the society as a whole. Perhaps that was the reason that the mandatory injunction against imposition of sentence of imprisonment has been embodied in Section 6 of the Probation Act. This mandate is inspired by the desire to keep the young delinquent/first offenders away from the possibility of association or close contact with hardened criminals and their evil influence. Therefore, these beneficial provisions have education without the necessity of breaking up the offender's normal life and removing him from the natural surroundings of his home. (English Juvenile Courts (1938) page 162) Edwin R. Sutherland raises it to a status of a convicted offender. (Principles of Criminology, 4th In view of the ratio of law as laid down in aforecited judgment, the petitioners In the considered opinion of of the and first offenders be not sent to jail for the commission of less serious offences, on account of grave risk to their attitude to life to which they are likely to be exposed as a result of their nal inmates of the jail. Their stay in jail in such circumstances might well attract them towards a life of more harm than to reform them, and for that reason, it would perhaps also be to an extent prejudicial to the larger interests of the society as a whole. Perhaps that was the reason that the mandatory injunction against imposition of sentence of Probation Act. This mandate is inspired by the desire to keep the young delinquent/first offenders away from the possibility of association or close contact with hardened criminals and their evil influence. Therefore, these beneficial provisions have MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected 10. to give person of a particular type of chance of reformation, which they would not get if sent to prison. The types of persons, who are in the contemplation of the legislature under the probation law dangerous criminals, but those who have committed offences under some momentary weakness of character or some tempting situation. By placing the offender on probation, the Court save also from the contaminating influence of hardened prison inmates. Probation also serves another purpose, which is quite significant though of secondary importance. offenders away from the prison.Section release the accused on probation of good conduct or after admonition, whereas Section 361 dealt with an accused person under Section Probation Act, but has not done so, it shall recor reasons for not having done so." 11. provisions of the Probation Act would reveal that non contained in Section Section would have overriding effect, shall prevail if the conditions described therein are fulfilled. release the first the nature & manner of the crime, age of the offender, other antecedents and attending circumstances of the offence instead of committing him to jail. 2025 (O&M) and three connected The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison. The types of persons, who are in the contemplation of slature under the probation law are those who are not hardened or dangerous criminals, but those who have committed offences under some momentary weakness of character or some tempting situation. By placing the offender on probation, the Court saves him from the stigma of jail life and also from the contaminating influence of hardened prison inmates. Probation also serves another purpose, which is quite significant though of secondary importance. It helps in eliminating overcrowding in jails by keep offenders away from the prison.Section release the accused on probation of good conduct or after admonition, whereas 361 Cr.P.C. providesthat "where in any case the Court could have dealt with an accused person under Section Probation Act, but has not done so, it shall recor reasons for not having done so." Therefore, the conjoint and meaningful reading of the beneficial provisions of the Probation Act would reveal that non contained in Section 4that points to the conclusion Section would have overriding effect, shall prevail if the conditions described therein are fulfilled. Meaning thereby, the Court has the ample power to release the first offender of minor offences on probation, keeping into focus the nature & manner of the crime, age of the offender, other antecedents and attending circumstances of the offence instead of committing him to jail. -6- The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison. The types of persons, who are in the contemplation of are those who are not hardened or dangerous criminals, but those who have committed offences under some momentary weakness of character or some tempting situation. By placing the s him from the stigma of jail life and also from the contaminating influence of hardened prison inmates. Probation also serves another purpose, which is quite significant though of secondary in eliminating overcrowding in jails by keeping many offenders away from the prison.Section 360 Cr.P.C. deals with order to release the accused on probation of good conduct or after admonition, whereas that "where in any case the Court could have dealt with an accused person under Section 360 or under the provisions of the Probation Act, but has not done so, it shall record in its judgment the special Therefore, the conjoint and meaningful reading of the beneficial provisions of the Probation Act would reveal that non-obstante clause that points to the conclusion that the provisions of this Section would have overriding effect, shall prevail if the conditions described Meaning thereby, the Court has the ample power to offender of minor offences on probation, keeping into focus the nature & manner of the crime, age of the offender, other antecedents and attending circumstances of the offence instead of committing him to jail. The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison. The types of persons, who are in the contemplation of are those who are not hardened or dangerous criminals, but those who have committed offences under some momentary weakness of character or some tempting situation. By placing the s him from the stigma of jail life and also from the contaminating influence of hardened prison inmates. Probation also serves another purpose, which is quite significant though of secondary ing many Cr.P.C. deals with order to release the accused on probation of good conduct or after admonition, whereas that "where in any case the Court could have or under the provisions of the d in its judgment the special Therefore, the conjoint and meaningful reading of the beneficial obstante clause that the provisions of this Section would have overriding effect, shall prevail if the conditions described Meaning thereby, the Court has the ample power to offender of minor offences on probation, keeping into focus the nature & manner of the crime, age of the offender, other antecedents and MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected 12. any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of the opinion that, case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour. The learned State counsel has acknowledged the factual matrix of the case and legal position. 13. attendant facts and circumstances of the case which the petitioner their antecedent emanating from the record purpose would be served period of sentence and instead of Accordingly furnishing personal bond (within one surety of the like amount to the satisfaction of the trial Court, subject to the conditions that period of 2025 (O&M) and three connected Likewise, Section 4 of the Probation Act postulates that when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of the opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three the Court may direct, and in the meantime to keep the peace and be of good behaviour. The learned State counsel has acknowledged the factual of the case and legal position. In view of the discussion as made above and also considering the endant facts and circumstances of the case which the petitioners have undergone during antecedent, nature of offence, totality of other facts & circumstances emanating from the record, I am of the considered opinion that purpose would be served by keeping them period of sentence and instead of that Accordingly, it is directed that petitioners furnishing personal bond (within one month one surety of the like amount to the satisfaction of the trial Court, subject to the conditions that they would keep the peace and be of good behaviour, for a riod of one year from the date of passing of this order and shall disclose -7- of the Probation Act postulates that when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three the Court may direct, and in the meantime to keep the peace and be of good behaviour. The learned State counsel has acknowledged the factual In view of the discussion as made above and also considering the endant facts and circumstances of the case and also the agony and trauma, undergone during protracted trial, appeal, revision, , nature of offence, totality of other facts & circumstances I am of the considered opinion that no useful by keeping them into jail to serve out the remaining that, they be released on probation s be released on probation on their one month) in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to would keep the peace and be of good behaviour, for a e date of passing of this order and shall disclose of the Probation Act postulates that when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding in force, the Court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three the Court may direct, and in the meantime to keep the peace and be of good behaviour. The learned State counsel has acknowledged the factual In view of the discussion as made above and also considering the and trauma, protracted trial, appeal, revision, , nature of offence, totality of other facts & circumstances no useful jail to serve out the remaining be released on probation. their with one surety of the like amount to the satisfaction of the trial Court, subject to would keep the peace and be of good behaviour, for a e date of passing of this order and shall disclose MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document CRR-1820-2025 (O&M) and three connected their present address and phone number before the trial Court in the form of an affidavit at the time of furnishing bonds. they are found to be indulged in any illegal activities, the sentence awarded to them by the 14. to the condition that injured persons, meaning thereby that the injured persons would received a total amount of Rs. 40,000/ 15. merits and the impugned judgment of convict are maintained. However, the order of sentence is accordingly modified to the extent and in the manner depicted herein above. 16. will follow accordingly. 17. connected cases. 02.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 2025 (O&M) and three connected present address and phone number before the trial Court in the form of an affidavit at the time of furnishing bonds. found to be indulged in any illegal activities, the sentence awarded to by the trial Court shall stand revived. The release of the petitioners on probation shall be further subject to the condition that they will hand over an amount of Rs. 10,00 injured persons, meaning thereby that the injured persons would received a total amount of Rs. 40,000/- from the petitioners. As such, the instant revision petition merits and the impugned judgment of convict are maintained. However, the order of sentence is accordingly modified to the extent and in the manner depicted herein above. Needless to mention that natural consequences & compliance will follow accordingly. Let a photocopy of this order be placed o connected cases. 02.08.2025 Whether speaking/reasoned Whether reportable -8- present address and phone number before the trial Court in the form of an affidavit at the time of furnishing bonds. Needless to mention that in case, found to be indulged in any illegal activities, the sentence awarded to Court shall stand revived. The release of the petitioners on probation shall be further subject they will hand over an amount of Rs. 10,000/- each to the injured persons, meaning thereby that the injured persons would received a from the petitioners. , the instant revision petitions are hereby dismissed on merits and the impugned judgment of conviction & order of sentence of fine are maintained. However, the order of sentence is accordingly modified to the extent and in the manner depicted herein above. Needless to mention that natural consequences & compliance t a photocopy of this order be placed on the files of the (MANISHA BATRA) JUDGE Yes/No Yes/No present address and phone number before the trial Court in the form of Needless to mention that in case, found to be indulged in any illegal activities, the sentence awarded to The release of the petitioners on probation shall be further subject each to the injured persons, meaning thereby that the injured persons would received a hereby dismissed on ion & order of sentence of fine are maintained. However, the order of sentence is accordingly modified to the Needless to mention that natural consequences & compliance n the files of the MOHAMMAD WASEEM ANSARI 2025.08.02 16:53 I attest to the accuracy and integrity of this document