Punjab-Haryana High Court
Hc Hardeep Singh vs State Of Punjab on 21 January, 2025
Neutral Citation No:=2025:PHHC:008702
276 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1) CRR-1890-2018
Date of decision: 21.01.2025
Hardeep Singh ....Petitioner
Versus
State of Punjab ...Respondent
2) CRR-1635-2018
Date of decision: 21.01.2025
Ranjit Singh ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Sarabjit Singh, Advocate
for the petitioner (in CRR-1890-2018).
Mr. Shivender Pal, Advocate
for the petitioner (in CRR-1635-2018).
Mr. Nitesh Sharma, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL)
1. This common order shall dispose of both the above mentioned
revision petitions as they arise from identical factual matrix. However, for the
sake of brevity, the facts are taken from CRR-1890-2018.
2. The present revisions are preferred against the judgment dated
10.01.2018 passed by the learned Additional Sessions Judge, Amritsar, vide
which the appeal against judgment of conviction and order of sentence dated
19.12.2016 passed by the learned Judicial Magistrate 1st Class, Amritsar, in case
1 of 5
Neutral Citation No:=2025:PHHC:008702
bearing FIR No.17 dated 17.01.2013 filed under Sections 223/224 of IPC
registered at Police Station Jandiala Guru, Amritsar, has been upheld. The
petitioners were sentenced as under:
Offence Sentence
Section 223 of IPC Fine of Rs.5000/- each, in default of which
simple imprisonment for 03 months.
2. The facts in brief are that on 17.01.2013, Inspector Surjit Singh
recorded his statement to ASI Buta Singh that accused persons, namely, Jassa
Singh @ Ganja, Lakha Singh, Buta Singh, were to be produced in the Court of
the learned Judicial Magistrate 1st Class in FIR No.55 dated 10.07.2011 under
Sections 323/34 of IPC registered at Police Station Hariana, Hoshiarpur and the
petitioners, namely, HC Hardeep Singh and HC Ranjit Singh and other accused
were appointed to produce them who took the prisoners in the Government
Canter No. PB02-AA-9647, driver of which was HC Amrik Singh No.211. The
Police Line, Amritsar/Rural had appointed the above said officials/petitioners to
take the under trial prisoners from Central Jail to the Court of learned Judicial
Magistrate 1st Class, Hoshiarpur, to face the trial but when they had produced
and returning back, at around 08:30 P.M., the officials stopped the canter and
accused under trial who were in custody and handcuffed jumped from the
canter and managed to escape but accused, namely, Buta Singh was caught by
PHC Amrik Singh. It is further alleged that the petitioners had deliberately not
performed their duty and allowed the under trial prisoners to escape from their
custody. Thereafter, the FIR (supra) was registered.
3. After assessing the material available on record, the learned trial
Court convicted the petitioners vide judgment dated 19.12.2016. Aggrieved by
2 of 5
Neutral Citation No:=2025:PHHC:008702
the same, the petitioners preferred an appeal before the learned Appellate Court,
which was dismissed vide judgment dated 10.01.2018.
4. Learned counsel for the petitioners submits that they are not
assailing the impugned judgment of conviction dated 19.12.2016 on merits and
restricts their prayer to modification of the order on quantum of sentence to that
of the release of the petitioners on probation in view of their age and good
conduct.
5. Learned State counsel does not object to the restricted prayer of
the petitioners, so long as the conviction of the petitioners is upheld.
6. Having heard learned counsels for the parties and after perusing
the record of the case with their able assistance, it transpires that petitioner-
Hardeep Singh is 58 years and petitioner-Ranjit Singh is 52 years of age as on
date.
7. Section 3 and 4 of the Probation of Offenders Act, 1958 empowers
the Courts to release the convicts if deemed appropriate in view of
circumstances of the case. Similarly, Sections 360 and 361 of the Cr.P.C also
allows the Courts to release convicts on probation for good conduct in the cases
and circumstances mentioned therein. A two Judge Bench of the Hon'ble
Supreme Court in Som Dutt and others Vs. State of Himachal Pradesh
(2022) 6 SCC 722 speaking through Justice Bela M. Trivedi, has held as
under:-
"6....having regard to the fact there are no criminal
antecedents against the appellants, the court is inclined to give
them the benefit of releasing them on probation of good
conduct. In that view of the matter, while maintaining the
conviction and sentence imposed on the appellants, it is
directed that the appellants shall be released on probation of
good conduct....."
3 of 5
Neutral Citation No:=2025:PHHC:008702
A two Judge Bench of the Hon'ble Supreme Court in Lakhvir
Singh Vs. State of Punjab (2021) 2 SCC 763 speaking through Justice Sanjay
Kishan Kaul, has held as under:-
"6. We may notice that the Statement of Objects and Reasons
of the said Act explains the rationale for the enactment and its
amendments: to give the benefit of release of offenders on
probation of good conduct instead of sentencing them to
imprisonment. Thus, increasing emphasis on the reformation
and rehabilitation of offenders as useful and self-reliant
members of society without subjecting them to the deleterious
effects of jail life is what is sought to be subserved."
8. In view of the facts and circumstances of the case, the instant
revision petitions are disposed of in the following terms:-
1)The judgment dated 10.01.2018 passed by the learned
Additional Sessions Judge, Amritsar, confirming the
conviction of the petitioners is upheld.
2)The order of sentence dated 19.12.2016 passed by the
learned Judicial 1st Magistrate, Amritsar is modified to the
extent of granting the concession of probation to the
petitioners for good conduct.
3)The petitioners shall be released on probation for good
conduct on furnishing a personal bond of Rs.10,000/- each
with a surety for the same amount, after furnishing an
undertaking to keep the peace and good behaviour for a period
of one year to the satisfaction of the concerned trial court.
4)The petitioners shall remain under the supervision of the
concerned Probation Officer during the aforesaid period. If the
4 of 5
Neutral Citation No:=2025:PHHC:008702
petitioners fail to comply with the said directions or commit
breach of the undertaking rendered by them, they shall be
called upon to undergo the sentence imposed upon them by
the learned trial Court.
(HARPREET SINGH BRAR)
JUDGE
21.01.2025
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
5 of 5
