Bhagwan Singh vs State Of Haryana
2025 Latest Caselaw 124 P&H

Punjab-Haryana High Court

Bhagwan Singh vs State Of Haryana on 1 April, 2025

                                       Neutral Citation No:=2025:PHHC:043743




204     IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                                 CRA-S-674-SB-2010
                                 Date of Decision: April 01, 2025
Bhagwan Singh                                        ... Appellant
                   Versus

State of Haryana                                     ...Respondent
CORAM:      HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-   Mr. Gaurav Kumar, Advocate for
            Mr. L.S. Sekhon, Advocate for the appellant.
            Mr. R.K.S. Brar, Addl. A.G., Haryana.

DEEPAK GUPTA, J.(Oral)

Appellant- Bhagwan Singh was tried by learned Addl. Sessions Judge (Fast Track Court), Hisar, in a case arising out of FIR No.79 of 13.02.2008 under Sec4on 15 (Act No.61 of 1985) of the NDPS Act registered at Police Sta4on Civil Lines Hisar, as he was found in possession of 5 Kg 500 grams of chura post. A9er trial, the appellant was convicted under Sec4on 15 of the NDPS Act vide judgment dated 03.03.2010 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of ₹10,000/- with default sentence of 01 months rigorous imprisonment in case of non-payment of fine.

2. Against the abovesaid convic4on and sentence, this appeal was filed.

3. Today learned counsel for the appellant stated at the outset that appellant does not press the appeal against the judgment of convic4on; and that appellant confines his prayer only against order of sentence. It is submi>ed that appellant would be sa4sfied, in case he is sentenced to imprisonment for the period already undergone by him.

4. Learned counsel points out that offence pertains to the year 2008; that appellant was old person of 75 years at that 4me; that appellant has already undergone actual sentence of 01 month and 20 days and is not involved in any other case and so, he deserves to be sentenced for the period already undergone by him.

5. Learned State counsel has not seriously objected to the aforesaid prayer.

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                                      Neutral Citation No:=2025:PHHC:043743




CRA-S-674-SB-2010                     -2-              2025:PHHC:043743

6. The custody cer4ficate placed on record by the respondent- State would reveal that appellant has already undergone actual custody sentence of 01 month and 20 days. It is revealed further that he has no criminal antecedents. Nothing has been brought on record to suggest that a9er this convic4on, appellant has been involved in any other case. He was an old man of 75 years of age at the 4me of offence, which had taken place way back in 2008 i.e. 17 years back.

7. In the aforesaid facts and circumstances, it will be in the interest of jus4ce, if the period of imprisonment is reduced to the period already undergone by the appellant, instead of sending him behind bars in the company of hardened criminals.

8. Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic4on, the order of sentence as passed by the trial Court is modified and the appellant is sentenced to imprisonment for the period already undergone by him. As far as the fine is concerned, it will remain same.

Disposed of.

April 01, 2025                                              (DEEPAK GUPTA)
sarita                                                           JUDGE
                  Whether reasoned/speaking:       Yes/No
                  Whether reportable:              Yes/No




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