Punjab-Haryana High Court
Shishan Pal vs State Of Haryana on 5 November, 2024
Neutral Citation No:=2024:PHHC:143730
CRA-S-3453
3453-2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
105
CRA-S-3453-2024
2024 (O&M)
Date of decision: 05.11.2024
Shishan Pal ...Appellant
Appellant
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Vishal Yadav, Advocate
for the appellant.
Mr. Arjun Lakhanpal, Addl. A.G., Haryana.
Mr. Yashveer Kharb, Advocate
for the complainant.
MANISHA BATRA, J. (Oral)
1. The present appeal has been filed against the judgment of
conviction dated 10.10.2024 and order on quantum of sentence dated
11.10.2024, passed by the Court of learned Additional Sessions Judge,, Panipat
11.10.2024,
in case titled as State vs. Manoj @ Vinod and another
another,, arising out of FIR
No. 1088 dated 22.11.2019, registered
tered under Section
Sectionss 307, 323, 452 read with
Section 34 of the IPC and Sections 25 and 27 of the Arms Act, 1959 at Police
Station City Panipat, District Panipat, whereby the appellant was held guilty
for commission of offence punishable under Section 452 read with Section 34
of IPC and Section 24(1A) of the Arms Act and was sentenced to undergo a
maximum rigorous imprisonment for a period of 05 years with default clause
of fine.
2. Today, learned counsel for the appellant has made a statement
nt so
as not to press the present appeal against the judgment of conviction passed by
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the trial Court.
Court. Learned counsel confines his prayer against the order of
sentence only. It is further submitted that the appellant has already undergone
actual sentence of 04 years, 01 month and 06 days including the period
undergone by him as an under-trial.
trial. It is further submitted that though the
appellant is shown to be involved
involved in some other cases also but those cases
were registered
registe prior to registration of the present case. Hence, it is submitted
that looking into these circumstances, the appellant may be sentenced for the
period already undergone by him.
3. Reply filed by the respondent
respondent-State
State along with the custody
certificate is taken on record. Learned State Counsel
Counsel,, assisted by learned
counsel for the complainant, has no serious objection to the prayer made by
the appellant, though learned counsel for the complainant has submitted the
appellant does not deserve to be given benefit as prayed for by him
him. As per
custody certificate, the appellant has already undergone actual sentence of 04
years, 01 month and 06 days as awarded by the learned trial Court.
4. After hearing the counsel for the parties, I uphold the judgment
of conviction passed by the trial Court as the same is based on appreciation of
prosecution evidence, proving guilt of the appellant. However,
owever, considering the
fact that the appellant has faced the agony of protracted trial and he has
already undergone actual sentence of 04 years, 01 month and 06 days and is
not shown to be involved in any other case subsequent to registration of the
present case,
case which shows that he has improved his character and has joined
the mainstream of the society,
society the order on quantum of sentence dated
11.10.2024 is modified to the extent that the same is reduced to the period
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already undergone by him. However, the fine imposed upon the appellant is
upheld.
5. The appellant is directed to be released from custody forthwith,
forthwith if
not required in any other case, on depositing the amount of fine as imposed by
the trial Court. His personal/surety bonds be discharged accordingly. Copies
of this order be sent to Jail Superintendent
Superintendent as well as learned trial Court
forthwith.
05.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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