Gurdev Singh vs State Of Punjab
2023 Latest Caselaw 5266 P&H

                                                     Neutral Citation No:=2023:PHHC:060187




  HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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                       236-CRR-888-2019
                    Date of Decision: 25.04.2023
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GURDEV SINGH                                         ... Petitioner
                              VS.
STATE OF PUNJAB                                      ... Respondent
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CORAM: HON'BLE MR.JUSTICE SANDEEP MOUDGIL
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Present: Mr. Nupur Sood, Advocate for the petitioner

          Mr. Mohit Thakur, AAG Punjab
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Sandeep Moudgil, J.

This criminal revision petition is directed against the judgments

and orders passed by the Courts below whereby the petitioner has been

convicted for the commission of offence punishable under Section 417 IPC

and sentenced to undergo RI for a period of one year and to pay a fine of

Rs.5,000/-.

The allegations against the petitioner are that he had produced a

forged Matriculation certificate, at the time of his recruitment, as a constable

in the year 2010. Learned counsel for the petitioner contends that he is not

challenging the conviction of the petitioner and would confine his prayer to

the quantum of sentence, as the petitioner has already lost his job. He has a

wife and a minor child to look-after. He is the sole bread winner of the

family. He is in custody for a period of 7 months and 22 days with remission

out of the total sentence of one year. He further contends that the Courts

below have granted maximum sentence of one year for the commission of

offence punishable under Section 417 IPC, which is punishable with

imprisonment of either description for a term which may extend to one year,

or with fine, or with both.

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Neutral Citation No:=2023:PHHC:060187

Notice of motion was issued in the revision petition as well as

application seeking suspension of sentence. Pursuant thereto, the sentence of

the petitioner was suspended vide order dated 03.05.2019.

Taking into consideration the fact that the petitioner is a poor

person and is confined in judicial custody for the last approximately 8 months

out of the total sentence awarded of one year and also to make an attempt to

bring him to the mainstream of the society, the judgments passed by both the

courts below is upheld, however, the sentence of the petitioner is reduced to

the period already undergone by him.

This petition stands disposed of in above terms.

25.04.2023                                          (Sandeep Moudgil)
V.Vishal
                                                          Judge
1. Whether speaking/reasoned?                     Yes/No
2. Whether reportable?                            Yes/No




                                                      Neutral Citation No:=2023:PHHC:060187

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