Punjab-Haryana High Court
Ram Avtar vs State Of Haryana And Another on 19 September, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
113
CRR-1728-2024 (O&M)
Date of decision: September 19th, 2024
Ram Avtar
.....Petitioner
Versus
State of Haryana and another
....Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Randeep S. Dhull, Advocate
for the petitioner.
Ms. Trishanjali Sharma, Deputy Advocate General,
Haryana.
MANJARI NEHRU KAUL, J. (ORAL)
Petitioner is challenging the judgment dated 06.08.2024
passed by learned Additional Sessions Judge, Bhiwani, whereby the
appeal preferred by him against the judgment of conviction dated
05.02.2016 and order of sentence dated 08.02.2016 passed by learned
Additional Chief Judicial Magistrate, Bhiwani, in case FIR No.18 dated
20.01.2008 under Sections 420 467 468 and 471/120B of the IPC
registered at Police Station Civil Lines, Bhiwani, vide which the
petitioner was convicted and sentenced as follows, was dismissed:-
Offence(s) Period of sentence Fine Period of sentence
under imposed in default of
Section payment of fine
420 r/w RI for 2 years `3,000/- S.I. for 1 month
120B IPC
467 r/w RI for 3 years `5,000/- S.I. for 2 months
120B IPC
468 r/w RI for 3 years `5,000/- S.I. for 2 months
120B IPC
471 r/w RI for 1 year - -
120B IPC
CRR-1728-2024 (O&M) -2-
2. All the sentences were ordered to be run concurrently.
3. At the outset, learned counsel for the petitioner has fairly
conceded that, in light of the factual findings recorded by the learned
trial Court, he will not press the instant petition on its merits. Instead,
learned counsel seeks relief solely concerning the quantum of the
sentence. Learned counsel argues that the occurrence in question
occurred in 2008, and the petitioner has endured the agony of a
protracted trial for over 14 years. He further submits that the petitioner
has led disciplined life since the crime in question and has not been
involved in any other criminal case. Additionally, he has already served
1 year and 14 days of his substantive sentence of three years.
Given these facts and circumstances, the learned counsel for the
petitioner prays that a lenient view be taken and the quantum of
sentence awarded by the learned trial Court be reduced to the period
already undergone by the petitioner, as further imprisonment would
serve no useful purpose. It has been submitted that petitioner is willing
to pay enhanced fine, which may be imposed by this Court.
4. Learned counsel for the State has, on instructions, not
disputed that after the occurrence in question in the year 2008, the
petitioner has maintained good conduct and has not been involved in
any other untoward incident or criminal case. Learned counsel for the
State has also filed the custody certificate of the petitioner, which is
taken on record subject to all just exceptions.
5. I have heard learned counsel for the parties and perused the
relevant material on record.
CRR-1728-2024 (O&M) -3-
6. In view of the fact that the occurrence in question pertains
to the year 2008, and as has not been disputed by the learned State
counsel, the petitioner has been leading a disciplined life ever since
then, this Court does not deem it appropriate to send the petitioner
behind bars at this juncture.
7. The ends of justice would be, thus, met if while
maintaining the conviction of the petitioner, his substantial sentence of
three years is reduced to the period already undergone.
8. Ordered accordingly.
9. However, the fine imposed upon the petitioner is increased
from `13,000/- to `38,000/- as under:-
Offence(s) under Fine imposed by trial Court Enhanced to
Section
420 r/w 120B IPC `3,000/- `8,000/-
467 r/w 120B IPC `5,000/- `15,000/-
468 r/w 120B IPC `5,000/- `15,000/-
It is made categorically clear that if the enhanced fine of
`25,000/- is not deposited with the trial or successor Court, within two
months from the date of this order, the benefit of reduction of sentence
will not accrue to the petitioner, and he will be required to serve out the
remaining part of his sentence. On deposit of fine, enhanced amount of
fine shall be disbursed to complainant against proper receipt.
10. With the aforesaid modifications, the revision petition
stands disposed of.
September 19th, 2024 (MANJARI NEHRU KAUL)
Puneet JUDGE
Whether speaking/reasoned : Yes
PUNEET SACHDEVA Whether reportable : No
