Jyoti Bala vs State Of Punjab
2021 Latest Caselaw 3032 P&H

        In The High Court for the States of Punjab and Haryana
                      At Chandigarh



                                              CRR-2893-2019 (O&M)
                                              Date of Decision:- 26.10.2021


Jyoti Bala                                                      ... Petitioner


                                  Versus


State of Punjab                                                 ... Respondent



CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


Present:-    Mr. B.S.Bhalla, Advocate, for the petitioner.

             Mr. Ajay Pal Singh Gill, DAG, Punjab.


             *****

GURVINDER SINGH GILL, J. (Oral)

1. The petitioner has approached this Court assailing judgment dated

11.10.2019 passed by learned Additional Sessions Judge, Ludhiana,

whereby an appeal filed by the petitioner against judgment dated

14.3.2016 passed by learned Judicial Magistrate 1st Class, Jagraon,

has been dismissed and conviction of the petitioner for offences

punishable under Sections 409 and 420 IPC has been upheld.

2. Learned Judicial Magistrate 1st Class, Jagraon, while convicting the

petitioner for offences under Sections 409 and 420 IPC, sentenced the

petitioner to undergo the following imprisonment:

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Offence under Sentence awarded Fine imposed Section 409 IPC Rigorous imprisonment for `3000/- in default of three years payment of fine simple imprisonment for one month 420 IPC Rigorous imprisonment for `3000/- in default of three years payment of fine simple imprisonment for one month

3. Learned counsel for the petitioner has submitted that he does not

assail the findings as regards conviction, but has submitted that the

sentence as imposed by the trial Court and as affirmed by the Court

of learned Additional Sessions Judge, Ludhiana is incommensurate

with the offences in question particularly keeping in view the fact

that the petitioner is a lady and is a first offender.

4. I have considered the aforesaid submission and have also perused the

judgments dated 11.10.2019 and 14.3.2016 passed by learned

Additional Sessions Judge, Ludhiana and Judicial Magistrate 1 st

Class, Jagraon. Upon perusal of the judgments in question, this

Court finds that the trial Court as well as the Court of learned

Additional Sessions Judge has marshalled the evidence painstakingly

and there is no misreading of evidence of any type and the findings as

regards the guilt of the petitioner have been correctly recorded and do

not warrant any interference. Consequently, the findings as regards

the conviction of the petitioner for offences under Sections 409 and

420 IPC are hereby upheld.

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5. However, as far as the substantive sentence of imprisonment is

concerned, this Court finds that there is some room for reduction of

the same particularly keeping in view the fact that the petitioner is a

lady aged about 40 years and is stated to be unmarried and is not even

involved in any other case. The petitioner who has been sentenced to

undergo rigorous imprisonment for 3 years for offence under Section

409 IPC and also for 3 years rigorous imprisonment in respect of

offence under Section 420 IPC, though both the sentences have been

ordered to run concurrently, has already undergone an actual sentence

of more than 1 year and 6 months apart from having earned

remissions to the tune of about 2 months making the total undergone

period as 1 year and 8 months. Keeping in view the fact that the

petitioner is an unmarried lady and is a first offender, the sentence as

imposed by the trial Court and as upheld by the Court of learned

Additional Sessions Judge, Ludhiana, is reduced from 3 years to the

one already undergone in respect of both the offences. The fine shall

however, remain unaltered.

6. The revision petition stands disposed of accordingly with the

aforesaid modification in sentence, as indicated above.

26.10.2021                                     (GURVINDER SINGH GILL)
mohan                                                 JUDGE

             Whether speaking /reasoned        Yes / No

             Whether Reportable                Yes / No




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