Punjab-Haryana High Court
Baljit Singh vs State Of Haryana And Another on 18 November, 2024
Neutral Citation No:=2024:PHHC:149935
CRR-954-2024
2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
252
CRR-954-2024 (O&M)
Date of decision: 18.11.2024
.2024
Baljit Singh ...Petitioner
Versus
State of Haryana and another ...Respondents
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Vishal Sharma Haritwal, Advocate
for the petitioner.
Mr. Neeraj Poswal, AAG, Haryana.
None for respondent No. 2.
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 06.03.2014, passed by
the Court of learned Additional Chief Judicial Magistrate, Kurukshetra in
criminal complaint bearing No. 520 of 2013, titled as Bhag Singh vs. Baljit
Singh and another,
another, filed under Sections 406, 420, 506 and 120
120-B
B of IPC,
whereby the petitioner was held guilty for commission oof offences punishable
under Sections 420 and 506 of IPC and was sentenced to undergo rigorous
imprisonment for maximum 02 years with default clause of fine; as well as
against the judgment dated 28.04.2017,, whereby the appeal of the petitioner had
been dismissed by the Court of learned Additional Sessions Judge, Kurukshetra.
Kurukshetra
2. Today, learned counsel for the petitioner has made a statement so
as not to press the present revision against the judgment of conviction
conviction,, passed by
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Neutral Citation No:=2024:PHHC:149935
CRR-954-2024
2024 (O&M) -2-
the trial Court, as
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 petitioner is not the previous convict nor any other case is
pending against him and so looking into these circumstances, the sentence of the
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 has already
undergone actual sentence of 07 months and 29 days out of total sentence of 02
years as awarded by the trial Court and upheld by the appellate Court and he is
not involved in any other
other case of similar nature.
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 petitioner, however, considering the
fact that the petitioner has faced the agony of protracted trial and he has already
undergone actual sentence of 07 months and 29 days and is not involved in any
other case of similar nature,
nature, which shows that he has improved his character and
has joined the mainstream of the society,
society, the order on quantum of sentence dated
06.03.2014 is modified to the extent that the same is reduced to the period
already undergone by him. However, the fine imposed upon the petitioner is
upheld.
5. The petitioner is directed to be released from custody forthwith,
forthwith if
not required in any other case, on depositing fine as imposed by the trial Court.
His 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.
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7. Let a copy of this order be sent fo
forthwith
rthwith to Jail Superintendent as
well as the learned trial Court for compliance and information.
18.11.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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