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High Court of Punjab and HaryanaCRR/448/2019dismissed

Rehmat Ali v. State Of Ut Chandigarh

2019-02-25Mr. Justice Ramendra Jain2 pages

CRR No.448-2019 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR No.448-2019 (O&M) DATE OF DECISION:-25.02.2019 REHMAT ALI ...PETITIONER...

V.

STATE OF UT CHANDIGARH ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Jasbir Singh Dadwal, Advocate, for the petitioner.

**** RAMENDRA JAIN, J. (ORAL) Through this revision challenge has been laid to order dated 30.11.2018 of the appellate court, dismissing the appeal of the petitioner, thereby upholding the judgment of conviction dated 13.02.2017 and partly allowing order of sentence dated 16.02.2017, whereby the petitioner was held guilty under Section 411 IPC and sentenced to undergo rigorous imprisonment for 3 years with fine of `2000. In default of payment of fine, to further undergo simple imprisonment for 2 months. The appellate court reduced the period of sentence of the trial court from 3 years to 2 years rigorous imprisonment.

At the outset, learned counsel for the petitioner contends that he does not challenge the conviction part, therefore, the judgment of conviction dated 13.02.2017 is upheld, holding the petitioner guilty under Section 411 IPC. He only prays for leniency in the quantum of sentence. SONIKA 2019.03.01 06:38 I attest to the accuracy and authenticity of this document Chandigarh Considering the factum that the petitioner is a habitual offender

CRR No.448-2019 (O&M) --2-- and has been convicted in three similar types of cases of theft of vehicles, this Court is not inclined to further reduce his sentence. That apart, the case of the petitioner has already been dealt with great leniency by the trial court, ordering the sentence of the petitioner in this case, to run concurrently with the sentence of another case FIR No. 246 dated 05.07.2015, under Sections 379 and 411 IPC, Police Station Sector 36, Chandigarh.

Dismissed.

25.02.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.03.01 06:38 I attest to the accuracy and authenticity of this document Chandigarh