Punjab-Haryana High Court
Jit Singh @ Jeet Singh vs State Of Punjab on 30 January, 2024
Neutral Citation No:=2024:PHHC:012675
CRM-M-4715-2024 2024:PHHC:012675
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
127
CRM-M-4715-2024
Date of decision: 30.01.2024
JIT SINGH @ JEET SINGH
....Petitioner
Versus
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. G.S. Thind, Advocate
for the petitioner.
Mr. Digvijay Nagpal, AAG, Punjab.
KULDEEP TIWARI. J.(Oral)
1. The petitioner having aggrieved with the judgment dated 22.08.2019
(Annexure P-3), passed by the Sub Divisional Judicial Magistrate, Samrala,
whereby, he was convicted in case FIR No.165 dated 14.08.2011, under Sections
279, 337 and 338 of IPC, registered at Police Station Samrala, filed statutory
appeal before the learned Additional Sessions Judge, Ludhiana.
2. The learned Appellate Court, while upholding the order of
conviction, modified the order of sentence, which reads as under:-
"Accordingly, the impugned sentence order is modified and the
benefit of probation is given to appellant subject to following conditions:
1. That the appellant shall deposit ₹50,000 before court below
within 15 days from today and the same shall be disbursed to the
complainant as compensation and, thereafter, the appellant shall furnish
probation bonds in the sum of ₹25,000 with one surety in the like amount
under Section 4 (1) of Probation of Offenders Act, 1958, before the court
below.
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2. That the appellant shall keep peace and good behavior for one
year and if he is found guilty of such like offence, he shall be called in
court to receive sentence in this case.
3. That the fine already deposited by the appellant before court
below shall be treated as costs of the proceedings.
4. That, in case the appellant fails to fulfill these conditions, his
appeal against impugned sentence order shall be dismissed automatically
and Area Magistrate shall be at liberty to take necessary steps strictly in
accordance with rules for sending the appellant to jail to serve his
sentence."
3. The present petitioner in pursuance of the modified sentence order,
was required to deposit Rs.50,000/-, before the learned trial Court concerned,
within 15 days, and was also required to furnish probation bonds in sum of
Rs.25,000/-, with one surety in the like amount, under Section 4(1) of Probation of
Offenders Act, 1958.
4. The petitioner could not comply with the order (supra), within the
stipulated time frame. Therefore, the petitioner moved an application before the
learned Additional Sessions Judge, Ludhiana, for extension of time, which was
declined, vide order dated 19.01.2024 (Annexure P-2). This declining order
(supra), by the learned Additional Sessions Judge, Ludhiana, caused grievance to
the petitioner, which led to the filing of the present petition, under Section 482
Cr.P.C.
5. Learned counsel for the petitioner submits that due to inadvertence,
the petitioner could not comply with the order, as passed by the learned Appellate
Court, within the stipulated time frame, however, the petitioner is ready and
willing to comply with the directions, as passed by the learned Appellate Court, in
case 07 days of time period is granted to the present petitioner to comply with the
same.
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6. Without commenting upon the illegality of the impugned order, and
considering the fact that the counsel for the petitioner, has made a innocuous and
bona fide prayer, this Court deems it appropriate to grant further time to the extent
of 07 days to the petitioner, to comply with the directions passed by the learned
Appellate Court, vide judgment dated 14.11.2023.
7. It is further made clear, that no further opportunity will be granted to
the petitioner, in case the petitioner fails to comply with the directions passed by
the learned Appellate Court, within 07 days from today.
8. Disposed of accordingly.
(KULDEEP TIWARI)
30.01.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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