VIRENDER SINGH, J. - (1.) THE present petitioner and his three co-accused namely Kanwar Singh, Jaipal Singh and Amar Singh were booked in a case bearing FIR No. 248 dated 9.11.1999, under Sections 323, 325, 34 IPC registered at Police Station Pataudi, Distt. Gurgaon and were convicted for the aforesaid offences vide impugned judgment and order of learned Judicial Magistrate Ist Class, Gurgaon dated 18/20.8.2004 and were sentenced to undergo SI for 8 months and a fine of Rs. 250/-, in default of payment of fine to further undergo SI for 15 days under Section 325 IPC and to undergo SI for six months and a fine of Rs. 150/-, in default of payment of fine to further undergo SI for 10 days under Section 323 CPC. Both the sentences were, however, ordered to run concurrently. In an appeal filed against the judgment of the learned trial Court, the learned Additional Sessions Judge, Fast Track Court, Gurgaon vide its impugned judgment dated 24.1.2006 has set aside the substantive sentence imposed opon Kanwar Singh, Jaipal Singh and Amar Singh and instead released them on probation of good conduct for a period of one year on their furnishing requisite bonds in the sum of Rs. 15,000/- each with one surety in the like amount before the concerned Court. The fine has been converted into costs of proceedings. The appeal of the present petitioner has been dismissed on all counts.
(2.) HENCE , this revision. Learned counsel for the petitioner does not assail the impugned judgment on merits and has confined his arguments on the point of quantum of sentence only. The perusal of the impugned judgments otherwise shows that the same do not suffer from any infirmity either on facts or on law. The conviction of the petitioner as recorded by the Courts below is, thus, affirmed. 5. Notice of motion. 6. At the asking of the Court, Mr. Sunil Katyal, Senior Deputy Advocate General, Haryana accepts notice. 7. Learned counsel for the petitioner submits that the learned lower appellate Court has deprived the petitioner of the relief of probation of good conduct merely on the ground that the injury attributed to him has turned out to be grievous in nature and the said injury is on the nose of Balbir Singh injured. Except this, no other reasons have been given by the learned lower appellate Court. The learned counsel submits that the petitioner is not a previous convict and his entire family is dependent upon him. Even otherwise, according to the learned counsel, the occurrence relates to the year 1999 and the petitioner has already suffered the agony of protracted trial of seven years. 8. On the basis of the aforesaid submissions, the learned counsel submits that the petitioner may also be released on probation of good conduct. 9. The prayer is opposed by the learned State counsel. 10. I find merit in the submissions made by learned counsel for the petitioner. 11. Keeping in view the totality of facts and circumstances of the instant case especially the fact that the petitioner has already suffered the rigour of long trial, ends of justice would be adequately met, if instead of sentencing him for substantive sentence, he too is released on probation of good conduct on his furnishing bond in the sum of Rs. 15,000/- with one surety in the like amount for keeping peace and good behaviour for a period of one year. It is so ordered. 12. However, the sentence of fine as already imposed is increased to Rs. 10,000/-. A sum of Rs. 2,000/- shall be converted into costs of proceedings under Section 5(1)(b) of the Probation of Offenders Act (for short the Act) whereas the a sum of Rs. 8,000/- shall be disbursed to the injured Balbir Singh under Section 5(1)(a) of the Act. It is made clear that the amount already deposited by the petitioner shall be adjusted in the enhanced amount. The bond to be furnished before the trial Court shall be without supervision. 13. Except in the modification is the quantum of sentence as indicated above, the instant petition stands dismissed. 14. Since the petitioner is stated to be in custody, all the concerned quarters be informed of the outcome of this revision petition at the earliest. Petition dismissed.;