Raghbir Singh vs Karnail Singh And Ors
2022 Latest Caselaw 15609 P&H

CRR-1719-2015                                              -1-


    (217) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                    CRR-1719-2015
                                                   Date of Decision: 02.12.2022

Raghbir Singh

                                                                     ... Petitioner

                                         Versus
Karnail Singh & others
                                                                  ...Respondents
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. Rakesh Gupta, Advocate
             for the petitioner.

             Mr. G.S. Sandhu, Advocate
             for respondent Nos.1 to 5.

          Mr. Neeraj Poswal, Asst. A.G., Haryana
          for respondent No.6.
                 ****
JASJIT SINGH BEDI, J.

The brief facts of the case are that five persons namely, Karnail

Singh (respondent No.1), Satnam Singh (respondent No.2), Angrej Singh

alias Binder (respondent No.3), Vakinder Singh alias Vikki (respondent No.4)

and Jaj Singh alias Billu (respondent No.5)were convicted in FIR No.384

dated 20.11.2009 registered under Sections 148, 149, 323, 325 and 506 IPC at

Police Station Kunjpura, Karnal and sentenced as under:-

Offence            Rigorous imprisonment
Under      Section To undergo rigorous imprisonment for 1 year and to pay fine
325/149 IPC        of Rs.500/- each and in default of the payment of fine, to

undergo rigorous imprisonment for one month. Under Section To undergo rigorous imprisonment for 03 years and to pay 325/149 IPC fine of Rs.500/- each and in default of the payment of fine, to undergo rigorous imprisonment for one month.

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Under Section To undergo rigorous imprisonment for 01 year and to pay 506/149 IPC fine of Rs.500/- and in default of the payment of fine, to undergo rigorous imprisonment for one month.

Respondent Nos.1 and 2 namely, Karnail Singh and Satnam

Singh were also sentenced as under:-

Offence           Rigorous imprisonment
Under     Section To undergo rigorous imprisonment for 1 ½ years and to pay
147 IPC           fine of Rs.500/- each and in default of the payment of fine, to

undergo rigorous imprisonment for one month.

Respondent Nos.3 to 5 namely, Angrej Singh @ Binder, Vakinder

Singh @ Vikki and Jaj Singh @ Billu were also sentenced as under:-

Offence           Rigorous imprisonment
Under     Section To undergo rigorous imprisonment for 02 years and to pay
148 IPC           fine of Rs.500/- each and in default of the payment of fine, to

undergo rigorous imprisonment for one month.

2. In an appeal filed by the aforementioned accused, vide judgment

dated 02.02.2015 the Additional Sessions Judge, Karnal upheld the conviction

but released them on probation for a period of 06 months on furnishing

requisite bonds in the sum of Rs.50,000/- with one surety each in the like

amount subject to the condition that they would maintain peace and harmony

and be of a good behaviour for a period of six months.

3. Against the aforementioned judgments, the complainant-Raghbir

Singh preferred this revision petition challenging the grant of probation to

respondent Nos.1 to 5 and seeking enhancement of sentence including

sentence of imprisonment to be awarded.

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4. The learned counsel for the petitioner submits that an order of

probation could only have been passed after receipt of report from Probation

Officer. He relies on the judgment of the Hon'ble Supreme Court titled as

MCD Versus State of Delhi and another, 2005(3) RCR (Criminal) 13.

5. The learned counsel for the State has supported the case of the

petitioner contending that the sentence of respondent Nos.1 to 5 be enhanced

from grant of probation to the awarding of sentence of imprisonment.

6. On the other hand, the learned counsel for respondent Nos.1 to 5

has placed reliance on the judgments of this Court in Rajinder Singh Versus

State of Haryana & others passed in CRM-M-249-2013 dated 27.08.2018 to

contend that once the probation period is over the present petition has been

rendered infructuous.

7. I have heard the learned counsel for the parties at length.

8. This Court in Rajinder Singh Versus State of Haryana &

others passed in CRM-M-249-2013 dated 27.08.2018, held as under:-

"The judgment of the learned Additional Sessions Judge, Kaithal is dated 27.10.2012, thus, respondent No.2 and 3 have already undergone sentence of probation imposed upon them and, therefore, no reason arises for me to go into the legality or propriety of the impugned judgment.

The present petition stands disposed of as having been rendered infructuous."

9. In the present case, the judgment of the Additional Sessions

Judge, Karnal is dated 02.02.2015 and therefore, the respondent Nos.1 to 5

have already undergone the sentence of probation imposed upon them.

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Therefore, there is no requirement for this Court to go into the legality or

propriety of the impugned judgment.

10. However, vide order dated 23.11.2022, respondent Nos.1 to 5

were directed to give a draft of Rs.50,000/- to the petitioner

complainant/injured in terms of the order dated 02.03.2022. In compliance of

the said order, the photocopy of the draft has been placed on record.

11. In view of the above, the present petition is disposed of as having

been rendered infructuous though an amount of Rs.50,000/- stands paid to the

petitioner/complainant.

(JASJIT SINGH BEDI) JUDGE

02.12.2022 JITESH

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

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