Gurwinder Singh @ Nikka vs State Of Punjab
2024 Latest Caselaw 14286 P&H

Punjab-Haryana High Court

Gurwinder Singh @ Nikka vs State Of Punjab on 9 August, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

CRA-S-714-2023 (O&M) -1- ae

20S 4°-PHHS 103369 8

227 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRA-S-714-2023 (O&M)
DECIDED ON: 09.08.2024

GURWINDER SINGH @ NIKKA
eee APPELLANT
VERSUS
STATE OF PUNJAB
coves RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Jasraj Singh, Advocate for the appellant.

Mr. J.S. Rattu, DAG, Punjab.

3 3 2 22k

SANDEEP MOUDGIL, J

CRM-24602-2024

Prayer in the present application is for suspension of sentence of the applicant/appellant during the pendency of present appeal.

Learned counsel for the applicant/appellant prays for withdrawal of the present application. He further prays for listing the main appeal for final hearing.

Prayer is accepted.

Dismissed as withdrawn.

CRA-S-714-2023 (O&M)

1. With the consent of learned counsel for the respective parties, the main appeal is taken on board for final hearing.

2. The instant appeal has been preferred by the appellant namely

Gurwinder Singh @ Nikka, challenging the judgment of conviction and order of

CRA-S-714-2023 (O&M) -2 - sose-pHiic-103360 Be sentence dated 05.01.2023 passed by Judge, Special Court, Hoshiarpur whereby he has been convicted for commission of offence under Section 15 (b) of NDPS Act and sentenced to undergo RI for a period of three years along with fine to the tune of Rs.10,000/- and in default thereof, to further undergo RI for a period of six months.

3. At the very outset, learned counsel for the appellant contends that he does not want to challenge the conviction of the appellant on merits. However, he submits that in view of the circumstances of the case, the sentence awarded by the trial Court is on higher side.

4. Here it would be pertinent to mention that the appellant does not challenge his conviction on merits and only confined his relief qua quantum of sentence. This Court has also scrutinized the impugned judgment as well as the relevant documents/evidence and is of the considered view that there is no scope for any interference in impugned judgment as far as the conviction of the appellant is concerned. As such, the conviction of the appellant is upheld.

5. As far as quantum of sentence is concerned, there are mitigating circumstances to take a lenient view in the matter of sentence awarded by the trial court. Apart from the fact that the appellant has already faced the agony of protracted trial for sufficient time, he is sole bread earner of family having two children who are dependent upon him. The appellant-Gurwinder Singh @ Nikka has already undergone the actual sentence for a period of 2 years 10 months and 2 days as of now. Thus, this court is of the considered view that a chance be given to the appellant to reform & improve himself; to become a good citizen; and to lead a peaceful & harmonious life.

6. Taking into consideration the above narrated discussion as well as

CRA-S-714-2023 (O&M) -3 - sss

20S 4°-PHHS 103369 =

the fact that the appellant has not challenged his conviction on merits, while affirming his conviction, the order of sentence is modified to the extent to the period already undergone by him with no change in fine clause.

7. With the aforesaid modification in the quantum of sentence, the present appeal stands disposed off.

8. The appellant is ordered to be released forthwith in case he is not

required in any other case.

9. Pending criminal misc. application, if any shall also disposed off. (SANDEEP MOUDGIL)

09.08.2024 JUDGE

sham

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No