High Court of Punjab and HaryanaCRR/2500/2006dismissed

Nagar Mal And ANR. v. State Of Punjab

2015-08-26Mrs. Justice Rekha Mittal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2500-2006 (O&M) Date of Decision : 26.08.2015 Nagar Mal and another ...... Petitioners

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present :

Mr. Kuldeep Sanwal, Advocate for the petitioners.

Mr. A.P.S.Gill, AAG, Punjab.

*** AJAY TEWARI, J. (Oral) This is a revision against the concurrent conviction of the petitioners under Section 406 IPC.

Custody certificates by way of an affidavit of Kulwant Singh, Deputy Superintendent, officiating as Superintendent, Central Jail Gurdaspur, on behalf of respondent has been filed and the same are taken on record. As per custody certificates both the petitioners have undergone 3 months and 24 days sentence out of total sentence of two years.

Learned counsel has very fairly argued that he would not press this petition on merits but the petitioners have been facing the proceedings for the last more than 30 years, were first time offenders and have no subsequent criminal history. Learned Additional Advocate POOJA SHARMA 2015.08.31 16:11 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

General has not denied these factual assertions. Keeping in view these facts I find some merit in the prayer made by the learned counsel for the petitioners and consequently reduce the sentence of the petitioners to one year rigorous imprisonment.

In the totality of the circumstances even while upholding the conviction of the petitioners I deem it appropriate to reduce the sentence of the petitioners to one year. Since the petitioners are on bail, let them be now apprehended to serve out the remaining period of sentence.

Revision petition disposed of.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. ( AJAY TEWARI ) 26.08.2015 JUDGE Pooja Sharma-I POOJA SHARMA 2015.08.31 16:11 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh