Crl.RevisionNo.569 of 2005 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Revision. No.569 of 2005
Date of decision:6.01.2009
Bohar Singh ........Petitioner
Versus
State of Punjab .......Respondent
BEFORE: Hon'ble Mrs. Justice Sabina
Present: Mr. R.S.Rangpuri, Advocate
for the petitioner.
Sh. Amandeep Singh Rai, AAG Punjab
Sabina, J.
Petitioner Bohar Singh was convicted under
Section 408 IPC and was sentenced to undergo rigorous
imprisonment for a period of three years and a fine of Rs.
3,000/- by Judicial Magistrate Ist Class, Faridkot vide
judgment and order dated 29th April, 2004. Appeal filed by
the petitioner against the said judgment and order was
dismissed by the Additional Sessions Judge, Faridkot vide
judgment dated 28th January, 2005. Hence, the present
Revision Petition.
Learned counsel for the petitioner has not
challenged the conviction of the petiitoner under Section
408 IPC.
The learned counsel has challenged only the
sentence awarded by the courts below to the petitioner.
Crl.RevisionNo.569 of 2005 2
Learned counsel has submitted that the petitioner was not a
previous convict. The incident of embezzlement related to
the years 1979/80. FIR was however, registered in the year
1993 and since then the petitioner was facing the criminial
proceedings for the last 15 years.
The learned counsel has further submitted that
the petitioner had undergone four months of actual sentence
Accordingly, the conviction of the petitioner under
Section 408 IPC as ordered by the courts below is
maintained. However, keeping in view the averments made
by the learned counsel for the petitioner, the sentence of
imprisonment awarded to the petitioner is liable to be
reduced to already undergone by him. Hence, the sentence
of imprisonment of the petitioner is reduced to already
undergone by him.
This revision petition is disposed of accordingly.
[SABINA]
JUDGE
6th January, 2009
SKaushik