Punjab-Haryana High Court
Chain Singh And Anr vs State Of Punjab And Anr on 11 November, 2024
Neutral Citation No:=2024:PHHC:146586
CRR-2143-2024
2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
286
CRR-2143-2024
2024 (O&M)
Date of decision: 11.11.2024
Chain Singh and another ...Petitioners
...Petitioner
Versus
State of Punjab and another ...Respondents
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Manpreet, Advocate
for the petitioner.
Mr. A. S. Samra, AAG, Punjab.
MANISHA BATRA, J. (Oral)
1. The present revision petition has been filed against the judgment of
conviction and order on quantum of sentence, both dated 25.04.2018, passed by
the Court of learned Judicial Magistrate First Class, Hoshiarpur in criminal case
arising out of criminal complaint titled as Surjit
it Kaur vs. Chain Singh and
others,, filed under Sections 427, 447, 379 read with Section 34 of IPC
IPC,, whereby
the petitioners
petitioner were held guilty for commission of offence
offences punishable under the
aforesaid sections and were sentenced to undergo rigorous imprisonment for
maximum 01 year with default clauses of fine; as well as against the judgment
dated 04.06.2024,
04.06.2024 whereby the aforesaid judgment of conviction passed by the
learned trial Court was upheld but the order on quantum of sentence was
modified to the extent that the petitioners were ordered to be released on
probation for a period of two years on their furnishing probation bonds in the
sum of Rs. 10,000/-
10,000/ with one surety in the like amount each. However, since
they could furnish the probation bonds
bonds with surety as directed, they were
ordered to undergo the sentence as awarded by the learned trial Court.
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Neutral Citation No:=2024:PHHC:146586
CRR-2143-2024
2024 (O&M) -2-
2. Today, learned counsel for the petitioners has made a statement so
as not to press the present revision against the judgment of conviction
conviction, passed
sed by
the learned trial Court, as well as the judgment passed by the appellate Court.
Court
Learned counsel confines his prayer against the order of sentence only. It is
further submitted that petitioners are not the previous convicts nor any other
case is pending
pend against them and so looking into these circumstances, the
sentence of the petitioners
petitioner may be reduced to the period already undergone by
him.
3. Learned State Counsel has no serious objection to the aforesaid
afore
prayer. He has filed custody certificate, as per which, the petitioner
petitionerss have
already undergone actual sentence of 05 months and 07 days out of total
sentence of 01 year as awarded by the leaarned trial Court and upheld by the
appellate Court and they are not involved in any other case.
4. After hearing the counsel for the parties, I uphold the judgments
judgment of
conviction passed by the Courts below as the same are based on appreciation of
prosecution evidence, proving guilt of the petitione
petitioners,, however, considering the
fact that the petitioners have faced the agony of protracted trial and they have
already undergone actual sentence of 05 months and 07 days and are not
involved in any other case, which shows that they have improved their character
charact
and have joined the mainstream of the society
society, the order on quantum of sentence
dated 25.04.2018 is modified to the extent that the same is reduced to the period
already undergone by them. However, the fine imposed upon the petitioners
petitioner is
upheld.
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Neutral Citation No:=2024:PHHC:146586
CRR-2143-2024
2024 (O&M) -3-
5. The petitioners are directed to be released from custody forthwith,
forthwith
if not required in any other case, on depositing fine as imposed by the trial
Court. Their personal/surety bonds be discharged accordingly.
6. Since the main petition stands disposed of, pending application, if
any, shall also be treated as disposed of.
11.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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