GORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner challenging the judgment of conviction and order on quantum of sentence, both dtd. 30/10/2019, passed by the Court of learned Judicial Magistrate First Class, Budhlada (hereinafter referred to as 'the trial Court') in case titled as State vs. Balvir Singh and others, arising out of FIR No. 23 dtd. 27/4/2016, registered under Ss. 148, 325, 323, 427 and 149 of IPC at Police Station Bareta, whereby the petitioner had been held guilty and convicted under Ss. 148 and 323 of IPC read with Sec. 149 of IPC and was sentenced to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dtd. 2/7/2025 passed by the learned Additional Sessions Judge, Mansa (hereinafter referred to as 'appellate Court'), whereby the appeal filed by the petitioner and other co-accused had been dismissed.

(2.) Learned counsel for the petitioner, at the very outset, submits that he does not intend to press the petition on the grounds as taken in the revision petition and restricts his argument to the extent that benefit of probation be granted to the petitioner. In view thereof, the sole consideration before this Court is as to whether the prayer made by the petitioner for extending benefit of probation can be accepted or not?

(3.) As mentioned above, the petitioner had been held guilty by the trial Court for commission of offences punishable under Ss. 148 and 323 of IPC read with Sec. 149 of IPC. His appeal had been dismissed by the appellate Court as mentioned above. The petitioner is facing rigors of litigation from the last more about 09 years. Much water has flown since then. The petitioner has already undergone actual imprisonment a period of 01 month and 17 days and in the intervening period, he is not involved in any other criminal case. He is leading happy and peaceful life with his family. Hence, learned counsel for the petitioner has urged that the petitioner is entitled to the benefit of probation.