Punjab-Haryana High Court
Salman Ali vs State Of Haryana on 27 May, 2022
CRR-1158-2022 (O&M) -1-
113
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-1158-2022 (O&M)
Date of decision : 27.05.2022
Salman Ali
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Inderjeet Singh, Advocate for the petitioner.
Mr. Praveen Bhadu, AAG, Haryana.
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VIKAS BAHL, J. (ORAL)
Challenge in the present Criminal Revision is to the judgment
dated 29.10.2021 only to the extent that period of 15 days has been granted
from 29.10.2021 for furnishing bonds in the sum of Rs.50,000/- with one
surety in the like amount for a period of one year under Section 4 of the
Probation of Offenders Act, 1958 to the satisfaction of the trial Court and
also to the direction given to the petitioner to pay a sum of Rs.10,000/- as
compensation to the complainant-injured which has been directed to be
deposited with the trial Court before furnishing probation bonds.
Learned counsel for the petitioner has submitted that the
petitioner is limiting his challenge only to the time period which has been
granted vide judgment dated 29.10.2021. It is further submitted that the
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petitioner could not furnish probation bonds and also give surety or deposit
the compensation amount within the aforesaid period as he is the only bread
winner of the family and his son namely Kadar, who is three years of age, is
unable to move/walk and is under treatment at Civil Hospital, Yamuna
Nagar. The petitioner also has two daughters and old aged parents, who are
completely dependent upon him. It is contended that on account of non-
compliance, the petitioner has already suffered inasmuch as, the petitioner
has again been in custody since 21.02.2022 and had thereafter, moved an
application dated 22.03.2022 for extension of time to comply with the order
dated 29.10.2021. It is further submitted that the same has been dismissed
by the Sessions Judge, Yamuna Nagar vide order dated 12.04.2022
(Annexure P-2) for the primary reason that the Sessions Court is not vested
with jurisdiction to reopen the matter. It is contended that this Court as a
Revisional Court has the power to extend the time. It is further contended
that for the delay and non-compliance of the order, the petitioner is ready to
pay compensation to the tune of Rs.15,000/- instead of Rs.10,000/- to the
complainant/injured.
Notice of motion.
On advance notice, Mr. Praveen Bhadu, AAG, Haryana,
appears and accepts notice on behalf of the State and has submitted that he
is fully prepared to argue the matter and assist this Court. He has opposed
the present Criminal Revision and submitted that the order dated 29.10.2021
is very clear to the effect that a specific time frame had been granted and
since, the specific time frame has not been met by the petitioner, thus, no
leniency could be shown to the petitioner.
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This Court has heard the learned counsel for the parties and has
perused the paper book.
The petitioner was convicted by the Judicial Magistrate Ist
Class, Sub Division, Bilaspur vide judgment dated 23.04.2019 under
Section 323 of IPC and was acquitted for the offence committed under
Section 325 of IPC and vide order of sentence dated 24.04.2019 was
sentenced to undergo rigorous imprisonment for a period of one year and to
pay a fine of Rs.500/-. The fine of Rs.500/- has been paid which is reflected
from the order dated 24.04.2019 itself. The appeal was filed against said
judgment and vide judgment dated 29.10.2021, since the petitioner had not
challenged the conviction but only prayed for a lenient view with respect to
the sentence awarded thus, the Sessions Judge, Yamuna Nagar released the
petitioner on probation, upon his furnishing bonds in the sum of Rs.50,000/-
The operative part of the said order is reproduced hereinbelow:-
"So, keeping in view the above observation, this Court
is of the opinion that it is a fit case for giving the concession
of probation. Hence, the appellant/convict is ordered to be
released on probation on furnishing bonds in the sum of
50,000/- with one surety in the like amount, for the period of
one year under Section 4 of the Probation of Offenders Act,
1958 to the satisfaction of learned trial court within 15 days.
The appellant is directed to maintain peace and good
behaviour during the period of probation, failing which he
can be called upon for carrying out the sentence so awarded
by the learned trial court. In addition to this, the appellant is
directed to pay sum of 10,000/- (rupees ten thousand only)
as compensation to the complainant/injured and the said
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amount shall be deposited with the learned trial court before
furnishing the probation bonds. In default of payment of
amount of compensation, the order of sentence passed by
learned trial court shall remain intact and the appeal shall
be deemed to have been dismissed in toto. The fine already
deposited by the appellant/accused will be deemed as
litigation expenses."
It is the case of the petitioner that the petitioner is the sole
bread winner of his family and his son namely Kadar, who is three years of
age, is unable to move/walk and is under treatment at Civil Hospital,
Yamuna Nagar and the petitioner has two daughters and old aged parents,
who are completely dependent upon him and thus, he could not pay the said
amount of compensation and execute bonds in the aforesaid time. The
petitioner was arrested on 21.02.2022 and had moved an application dated
22.03.2022 for extension of time, which had been declined vide order dated
12.04.2022. One of the reason for declining the application is that the Court
of Sessions Judge, Yamuna Nagar had become functus officio and thus,
could not reopen the matter.
This Court has considered the entire matter and is of the
opinion that the petitioner has already been penalized for the default made
inasmuch as, the petitioner has been in custody since 21.02.2022 and the
ends of justice would be met in case the order dated 29.10.2021 is modified
to the limited extent that the petitioner is ordered to be released on probation
upon furnishing bonds in the sum of Rs.50,000/- with one surety in the like
amount for a period of one year under Section 4 of the Probation of
Offenders Act, 1958 to the satisfaction of the trial Court within a period of
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15 days from today and the petitioner is directed to maintain peace and
good behaviour during the period of probation, failing which, he would be
called for carrying out the sentence so awarded by the trial Court and the
petitioner is directed to pay a sum of Rs.15,000/- as compensation to the
complainant/injured and the said amount would be deposited with the trial
Court before furnishing the probation bonds.
With the abovesaid modification, the present Criminal Revision
is disposed of.
It is made clear that in case, the abovesaid conditions are not
complied within a period of 15 days from today, then the present Criminal
Revision would be deemed to have been dismissed.
Since, the main case has been decided, application bearing
CRM-20309-2022 for suspension of sentence of applicant-petitioner is
rendered infructuous and is disposed of as such.
All the pending miscellaneous applications, if any, stand
disposed of in view of the abovesaid judgment.
27.05.2022 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:-Yes/No
Whether reportable:- Yes/No
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