Judgment:
Criminal Revision No.2961 of 2012(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.2961 of 2012(O&M) Date of decision : February 15, 2013 Sukhdev Singh ....Petitioner versus Pritam Singh and others ....Respondents Coram: Hon'ble Mr.Justice L.N.Mittal Present : Mr.RK Chauhan, Advocate, for the petitioner L.N.Mittal, J.
(Oral) Crl.
Misc.
No.57929 of 2012 Allowed as prayed for.
Criminal Revision No.2961 of 2012 Complainant Sukhdev Singh has filed this revision petition assailing judgment dated 20.7.2012 passed by learned Additional Sessions Judge (Adhoc).Fast Track Court, Hoshiarpur thereby ordering release of respondents No.1 and 2/convicts on probation of good conduct while maintaining their conviction for offences under sections 323 and 325 IPC.
I have heard counsel for the petitioner and perused the case file.
Criminal Revision No.2961 of 2012(O&M) -2- Counsel for the petitioner stated that grievous hurt with blunt weapon falling under section 325 IPC was on left thumb of the complainant i.e.on non-vital part of the complainant.
Respondents No.1 and 2 are not previous convicts.
They also faced the agony of trial including appeal for more than 10 yeaRs.They are also reported to be old persons as mentioned by the appellate court.
In these circumstances, there was no ground to deny benefit of probation to the convicts.
Consequently, there is no illegality, perversity or jurisdictional error in impugned judgment of the appellate court in releasing the convicts on probation of good conduct.
Counsel for the petitioner contended that after release on probation, respondents No.1 and 2 have threatened the petitioner.
However, if respondents No.1 and 2 have violated the condition of probation of bonds, they may be liable to action in accordance with law but at this stage, there is no material on record to substantiate the aforesaid contention of counsel for the petitioner.
However, the petitioner shall be at liberty to raise the matter in accordance with law before the appellate court.
Subject to aforesaid liberty, there is no merit in the instant revision petition which is accordingly dismissed in limine.
( L.N.Mittal ) February 15, 2013 Judge 'dalbir' Criminal Revision No.2961 of 2012(O&M) -3-