Saun Singh Deceased vs Sukhwinder Singh @ Hira And Ors
2024 Latest Caselaw 460 P&H

Punjab-Haryana High Court

Saun Singh Deceased vs Sukhwinder Singh @ Hira And Ors on 10 January, 2024

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                                                            2024:PHHC:002845
                           CRR-1178-2016 (O&M)                                                        -1-

                           253
                                          IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                    AT CHANDIGARH



                                                                                 CRR-1178-2016 (O&M)
                                                                       Date of Decision: January 10, 2024


                               Saun Singh (Deceased)
                                                                                               ... Petitioner
                                                                 Versus
                           Sukhwinder Singh @ Hira and others
                                                                                             ...Respondents
                           CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
                           Present:       Mr. Raghav Taneja, Advocate for
                                          Mr. A.S. Manaise, Advocate
                                          for the petitioner.

                                          Mr. Bikramjit Singh Simble, Advocate
                                          for respondents No.1, 2, 4 and 5.

                                                 ****

                           JASJIT SINGH BEDI, J.

The brief facts of the case are that 05 persons namely,

Sukhwinder Singh @ Heera-respondent No.1; Davinder Singh-respondent

No.2; Pritam Singh-respondent No.3; Jagir Kaur-respondent No.4 and Gurmit

Kaur-respondent No.5 were convicted in a complaint case under Section

382/452/323/506/120-B/148/149 IPC registered at Police Station Dhariwal

and sentenced as under:-

Name of accused Offence Rigorous imprisonment Sukhwinder Singh U/S 452 To undergo rigorous imprisonment for 02 years @ Heera IPC read and to pay fine of Rs.2000/- and in default of the with payment of fine, to undergo imprisonment for Section two months.

                                                149 IPC








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                           CRR-1178-2016 (O&M)                                                          -2-

                               Name of accused     Offence Rigorous imprisonment

U/S 323 To undergo simple imprisonment for six months IPC read with a fine of Rs.500/- and in default of payment with of fine, to undergo simple imprisonment for Section fifteen days.

                                                   149 IPC
                               Davinder Singh         -do-                         -do-
                               Pritam Singh           -do-                         -do-
                               Jagir Kaur             -do-                         -do-
                               Gurmit Kaur            -do-                         -do-

All the sentences were ordered to run concurrently.

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

dated 18.11.2015 the learned Additional Sessions Judge, Gurdaspur upheld

the conviction but released them on probation for a period of two years with

costs of Rs.1,500/- each on furnishing requisite bonds in the sum of

Rs.30,000/- with one surety each in the like amount.

3. Against the aforementioned judgments, the complainant-Saun

Singh (deceased) preferred this revision petition challenging the granting of

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

including sentence of imprisonment to be awarded.

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. 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

2024:PHHC:002845 CRR-1178-2016 (O&M) -3-

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

rendered infructuous.

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

7. 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."

8. In the present case, the judgment of the learned Additional

Sessions Judge, Gurdaspur is dated 18.11.2015 and the respondent Nos.1 to 5

have already undergone the sentence of probation imposed upon them.

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

propriety of the impugned judgment.

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

been rendered infructuous.

(JASJIT SINGH BEDI) JUDGE

January 10, 2024 satish

Whether speaking/reasoned : Yes/No

Whether reportable:- : Yes/No