Punjab-Haryana High Court
Jaswant Singh vs State Of Punjab on 21 October, 2024
Neutral Citation No:=2024:PHHC:136978
CRR-2040-2024
2024 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
119
CRR-2040-2024
2024 (O&M)
Date of decision: 21.10.2024
.10.2024
Jaswant Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Edward George Masih, Advocate
for the petitioner. (Through VC)
Ms. Ruchika Sabherwal, Sr. DAG, Punjab.
MANISHA BATRA, J. (Oral)
1. CRM-41543
41543-2024
Prayer in this application is for condoning the delay of 50 days in
filing the present revision petition.
For the reasons stated in the application, the same is allowed and
the delay of 50 days in filing the present revision petition is hereby condoned.
2. CRR-2040
2040-2024 (O&M)
The present revision petition has been filed against the judgment of
conviction and order on quantum of sentence, both dated 16.11.2019, passed by
the Court of learned Judicial Magistrate First Class, Pathankot in criminal case
No. 156/2017, arising out of the FIR No. 56 dated 08.09.2014,, registered under
Sections 279, 337, 338 and 427 of IPC at Police Station Taragarh, District
Pathankot,, whereby the petitioner was held guilty for commission of
aforementioned offences and was sentenced to undergo rigorous imprisonment
for maximum 01 year with default clause of fine; as well as against the judgment
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Neutral Citation No:=2024:PHHC:136978
CRR-2040-2024
2024 (O&M) -2-
dated 27.05.2024,
27.05.2024, whereby the appeal of the petitioner had been dismissed by
the Court of learned Additional Sessions Judge
Judge, Pathankot.
3. 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
the 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 petitioner is not a 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.
4. Learned State Counsel,, who has advance notice of the petition, has
no serious objection to the aforesaid
said prayer. She has filed custody certificate, as
per which, the petitioner has already undergo
undergone actual sentence of 04 months
and 23 days out of total sentence of 01 year as awarded by the trial Court and
upheld by the appellate Court and he is not involved in any other case.
5. 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 04 months and 23 days and is not involved in any
other 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 16.11.2019 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.
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CRR-2040-2024
2024 (O&M) -3-
6. 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.
7. Since the main petition stands disposed of, pending application, if
any, shall also be treated as disposed of.
21.10.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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