Pritam Singh Alias Rinku vs State Of Punjab on 11 September, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH


                              Crl.Rev.No.2060 of 2009

                              Date of decision : 11.9. 2009


Pritam Singh alias Rinku

                                              ....Petitioner
             Versus


State of Punjab

                                              ...Respondent


CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
                  ....

Present : Mr.D.R.Singla, Advocate
          for the petitioner.

          Mr.B.B.S.Teji, AAG, Punjab
          for the respondent.

                  .....

MAHESH GROVER, J.

This revision petition is directed against the judgment of

learned Sessions Judge, Bathinda dated 27.7.2009 vide which the

appeal preferred by the petitioner against the judgment and order of

sentence dated 23.1.2009 rendered by the learned Judicial Magistrate

Ist Class, Bathinda was dismissed. The trial court convicted the

petitioner for having committed the offence under Section 411 IPC

and sentenced him to undergo rigorous imprisonment for 6 months

and fine of Rs.500/-, in default thereof, further rigorous

imprisonment for one month.

Crl.Rev.No.2060 of 2009 -2-

At the outset learned counsel for the petitioner contended

that he does not wish to assail the impugned judgments on merit but

only confines his submission to the fact that the petitioner has

undergone more than 2 months out of the total imprisonment of 6

months and that he has been facing the ordeal of criminal proceedings

for the last 6 years. He also contends that the allegations against him

are not so serious as he was alleged to have stolen a television set

belonging to his neighbour which has since been recovered.

On the other hand, learned counsel for the State contended

that there is no mitigating circumstance in favour of the petitioner so

as to warrant any lenient view.

I have heard the learned counsel for the parties.

After noticing the fact that the petitioner has undergone

more than 2 months out of the total period of sentence of 6 months

and also the fact that he has faced the agony of criminal proceedings

for 6 long years, I deem it appropriate to reduce the sentence of the

petitioner to that of already undergone and enhance the amount of

fine to Rs.3,000/-. Ordered accordingly.

The amount of fine shall be deposited before the learned

trial court within three months and failure to do so shall result in

automatic revival of sentence of the petitioner which he shall be liable

to undergo. The fine if deposited shall be forfeited to the State.

With the modification in the quantum of sentence as

indicated above, the petition is disposed of.

11.9.2009                                       (MAHESH GROVER)
                                                    JUDGE
dss