In, Shri Ram vs State of Punjab, a Single Bench of Punjab & Haryana HC while reducing the sentence of the petitioner has held that the agony of trial faced by the petitioner for the period of 9½ years and further in view of the judgment of the Hon'ble Apex Court in Saurabh Bakshi's case (supra), in my opinion, the ends of justice would be suitably met, if the substantive sentence imposed upon the petitioner is reduced
Facts
The petitioner was tried in case bearing under Sections 279 and 304-A IPC. Learned Judicial Magistrate vide judgment and order found the petitioner guilty for the offence punishable under Sections 279 and 304-A IPC and sentenced him. Aggrieved there-against, the petitioner preferred an appeal before the learned Addl. Sessions Judge, which had been dismissed vide impugned judgment. Still aggrieved, the petitioner has preferred the present revision petition.
Contention Made
Petitioner: The petitioner has already undergone the actual sentence of 06 months and 12 days . He has also earned remissions of 25 days. Under these circumstances, the sentence imposed upon the petitioner may be reduced to the one already undergone by him.
Respondent: That the sentence awarded to the petitioner is in proportion to the offence committed by him. The petitioner does not deserve any leniency.
Court Observation
The Single Bench of Punjab & Haryana HC observed that, The Hon’ble Supreme Court in State of Punjab vs. Saurabh Bakshi, 2015(2) RCR (Criminal) 495, while setting aside the order of the High Court, thereby reducing the sentence imposed upon the accused i.e. 1 year to the period already undergone by him i.e. 24 days, awarded the sentence of six months to the accused-respondent therein.
Court Judgment
The Punjab & Haryana HC while dismissing the petition has held that the agony of trial faced by the petitioner for the period of 9½ years and further in view of the judgment of the Hon'ble Apex Court in Saurabh Bakshi's case (supra), in my opinion, the ends of justice would be suitably met, if the substantive sentence imposed upon the petitioner is reduced to the period already undergone by him.
Case: Shri Ram vs State of Punjab
Citation: CRR-922-2022 (O & M)
Bench: Hon’ble Mr. Justice Harnaresh Singh Gill
Decided on: 22th August, 2022.
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