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High Court of Punjab and HaryanaCRR/3175/2015dismissed

Amit Kumar v. State Of Haryana

2015-11-172 pages

CRR-3175-2015(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-3175-2015(O&M) Date of Decision:17.11.2015 Amit Kumar .....Petitioner versus State of Haryana ....Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI ***

Present:

Mr.Narender Yadav, Advocate for the petitioner. Ms. Tanushree Gupta, DAG, Haryana.

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1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? *** AJAY TEWARI, J. (Oral) This revision has been filed against concurrent conviction of the petitioner for the commission of offence under Section 409 IPC whereby the petitioner was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for a period of six months.

Learned counsel for the petitioner has argued that he does not dispute this revision on merits but prays that some leniency be shown in the sentence since the petitioner has already undergone imprisonment for a period of more than one year (including remissions). He has further argued that the petitioner is not a pervious convict and is the sole bread earner of the family consisting of small children and widowed mother. Learned DAG has argued that keeping in SUNITA NAGPAL 2015.11.19 12:41 I attest to the accuracy and authenticity y of this document Chandigarh

CRR-3175-2015(O&M) view the antecedents of the petitioner and the fact that he is not a habitual offender, she has no objection if some leniency is shown in sentence.

Keeping in view the above arguments of learned counsel and the fact that the petitioner has been in custody since February, 2015, I deem it appropriate to reduce his sentence from three years to two years. Ordered accordingly.

Petition stands disposed of.

Since the main case has been decided, the Criminal Misc. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE November 17, 2015 sunita SUNITA NAGPAL 2015.11.19 12:41 I attest to the accuracy and authenticity y of this document Chandigarh