High Court of Punjab and HaryanaCRR/344/2008disposed of

Nasir Hussain v. State Of Haryana

2020-02-25Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-344-2008 Decided on : 25.02.2020 Nasir Hussain . . . Appellant(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Argued by: Mr. Sunil Panwar, Advocate and Mr. Dhanjay Singh, Advocate for the appellant(s).

Mr. D.R. Singla, DAG, Haryana.

**** MA NJARI NEHRU KAUL, J.

The petitioner was convicted vide judgment and order dated 09th February, 2008, passed by the learned Additional Sessions Judge, Fast Track Court, Gurgaon (hereinafter referred to as the 'Ld. Trial Court'), for the offence under Sections 498-A, 406 of the Code of Criminal Procedure (in short 'Cr.P.C.') and sentenced to undergo rigorous imprisonment for one year. Aggrieved, the present revision petition was filed in the year 2008. 2.

Learned counsel for the petitioner has fairly stated that in view of the findings of fact recorded by the Ld. Trial Court, he would not press the instant petition on merits and would restrict his prayer qua the quantum of sentence. He submits that the petitioner has suffered the agony of trial for more than 20 years, as the FIR was filed in the year 2000. The petitioner is a poor person and during the pendency of the instant revision petition, he has been fastened with many liabilities. He has further submitted that in the last JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh

CRR-344-2008 - 2 - 20 years, the petitioner has not been involved in any criminal offences and has been leading the life of peaceful citizen. He has, therefore, prayed that a lenient view be taken and the sentence be thus reduced to the period already undergone.

As per the custody certificate of the petitioner filed by learned State counsel, the petitioner has undergone 01 month and 02 days including remission, out of the maximum substantive sentence of 01 years under Sections 498-A, 406 IPC. As per the custody certificate, the petitioner is not shown to be involved in any other cases as on date. 4.

In view of the submissions made by the learned counsel for the petitioner, I am of the considered view that ends of justice would be met if while maintaining the conviction of the petitioner, his sentence is reduced to the period already undergone by him. Ordered accordingly. There shall be no modification with regard to fine.

With the aforesaid modifications in the quantum of sentence dated 25th November, 2006, the instant petition stands disposed of. (MANJARI NEHRU KAUL) JUDGE February 25, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh