JUDGMENT Mr. Alok Singh, J.: (Oral).- This revision petition is filed by the revisionists – petitioners against judgment dated 8.2.2011 passed by learned Addl. Sessions Judge, Kurukshetra, as well as judgment dated 26.8.2009 passed by the learned Judicial Magistrate First Class, Pehowa, whereby petitioners are convicted under Sections 148/323/452/326 IPC and were sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.100/- under Section 148 IPC and in default of payment of fine, to further undergo simple imprisonment for fifteen days, to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.100/- under Section 323 IPC and in default of payment of fine, to further undergo simple imprisonment for fifteen days, to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.100/- under Section 452 IPC and in default of payment of fine, to further undergo simple imprisonment for fifteen days, to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.200/- under Section 326 IPC and in default of payment of fine, to further undergo simple imprisonment for fifteen days. 2. Custody certificate handed over in Court today, is taken on record. 3. At the outset, learned counsel for the petitioners does not challenge the conviction of the revisionists - petitioners and states that revisionists - petitioners are first time offenders. He further states that since sentence awarded is two year, hence, petitioners are liable to be released on probation under the Probation of Offenders Act. 4. Considering totality of the facts and circumstances of the case, and the fact that petitioners are first time offender and no useful purpose would be served by sending them to jail with hardcore criminals. As such, while maintaining the conviction of the petitioners, the present petition is disposed of with the direction that petitioners be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year on their furnishing personal bonds and undertaking with one surety to the satisfaction of the learned Trial Court that they will keep peace and be of good behaviour. In case they are found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the petitioners is enhanced to Rs.20000/- each.
In case they are found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the petitioners is enhanced to Rs.20000/- each. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the injured. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall stand revived automatically. 5. With above mentioned modification, this revision petition stands disposed of. ---------0.B.S.0------------