JUDGMENT
R.S. Sodhi, J.
1. This appeal is directed against the judgment and order
of the learned Additional Sessions Judge in Sessions Case No.
124/97 whereby the learned Additional Sessions Judge vide his
judgment and order dated 4th June, 1998 held the appellant guilty
under Section 420/379/34 IPC and vide a separate order dated 5th
June, 1998sentenced the appellant to undergo rigorous
imprisonment for two years with a fine of Rs. 5,000/- and in
default of payment of fine to further undergo rigorous
imprisonment for six months for offence under Section 420 IPC and
further sentenced him to undergo rigorous imprisonment for one
year for offence under Section 379 IPC. Both the sentences were
directed to run concurrently.
2. With the assistance of the learned counsel for the
appellant and learned counsel for the State, I have gone through
the record of the case as also the depositions and the judgment
under challenge. Learned counsel for the appellant states that
he is not in a position to challenge the order of conviction. I,
therefore, confirm the order of conviction. However, on the
question of sentence, it is argued by the learned counsel that
the appellant has suffered over two months actual incarceration
and has been on bail since 20th August, 1998. He submits that
the occurrence is of 1994 and the appellant has already suffered
the ordeal of trial for more than seven years. He submits that
there has been no complaint about his having belied the trust
bestowed upon him by this Court. He further submits that the
appellant is also not a previous convict and has by now
assimilated in the mainstream of society as a useful citizen,
therefore, no useful purpose would be served in requiring him to
undergo the remaining portion of his sentence at this belated
stage. Learned counsel for the State has no objection if the
sentence of imprisonment of the appellant is reduced to the period
already undergone.
3. Having heard learned counsel for the parties and in
view of what has been stated by learned counsel for the State, I
am of the view that the ends of justice would be met if the
sentence of imprisonment of the appellant is reduced to the
period already undergone. I order accordingly.
4. With this modification, Criminal Appeal No. 268/1998
is disposed of.
5. The appellant is on bail. His bail bond and the surety
shall stand discharged. The trial court record besent back
forthwith.