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High Court of Punjab and HaryanaCRR/3916/2017disposed of

Ptitam Singh And ORS v. State Of Punjab And ORS

2024-05-22Mr. Justice Pankaj Jain3 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 22.05.2024 CRR-3916-2017 (O&M) PRITAM SINGH AND ORS ....Petitioners

Versus

STATE OF PUNJAB AND ORS ....Respondents CRR-1670-2018 PRITAM SINGH AND ORS ....Petitioners

Versus

STATE OF PUNJAB AND ORS ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. P.S. Saini, Advocate for Mr. Atul Goyal, Advocate for the petitioners.

Mr. J.S. Arora, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) These two revisions petitions have been preferred at the best of the complainant/injured persons impugning the judgment dated 25th of July, 2017 passed by Additional Sessions Judge, Rupnagar whereby respondents/ accused persons stand acquitted of the charges under Section 326 and 325 IPC and have been ordered to be released on probation under Section 4 of the Probation of Offenders Act, 1958 for commission of offence punishable

 under Sections 324/323 read with Section 149 of the Indian Penal Code, in case FIR No.66 dated 28th of December, 2001 registered at Police Station Nurpur Bedi, District Rupnagar.

2.

Counsel for the petitioners submits that vide impugned judgment the respondents were released on probation by the lower Appellate Court. However, no compensation in lieu thereof has been awarded to the petitioners. He on instructions submits that the petitioners would be satisfied if some compensation be paid to them by the accused/respondents. 3.

In the considered opinion of this Court, the petitioners are right in contending that Courts below ought to have granted compensation to the petitioners while granting concession of probation to the respondents/ accused(s). Thus, in order to meet the ends of justice, this Court finds that an amount of Rs.25,000/- each need to be paid by the respondents to the petitioners, as compensation.

4.

Consequently, the present petitions are disposed off with a direction that the probation granted to the respondents shall be maintained, however, subject to deposit of Rs.25,000/- each by the respondents in favour the petitioners within a period of one month from the date of receipt of certified copy of this order. The compensation amount so deposited shall be released in favour of the petitioners

 5.

In case, the respondents fail to make the aforesaid payment, the petitioners shall be at liberty to move an appropriate application before this Court seeking revival of the present revision petition. 6.

Keeping in view the innocuous relief granted to the petitioners, this Court does not deem it fit to issue notice to the respondents/accused. However, in case respondents still feel dissatisfied, they shall be at liberty to move an appropriate application seeking modification of the order. 7.

Pending application, if any, shall also stand disposed off. 8.

A copy of this order be kept on the file of other connected case. May 22, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No