Crl. Revision No. 2725 of 2013 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2725 of 2013 (O&M) Date of decision: 06.9.2013 Roshan Lal ......Petitioner Versus State of Punjab and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms. Manjari Nehru Kaul, Advocate for the petitioner. Ms. Harsimrat Rai, DAG, Punjab. Mr. R.K.Bagga, Advocate for respondent No. 2. **** SABINA, J. Petitioner had faced the trial qua commission of offence punishable under Section 409 of the Indian Penal Code ('IPC'' for short) in FIR No. 173 dated 20.10.2006, registered at Police Station Sultanpur Lodhi. The Trial Court vide judgment dated 31.10.2009 acquitted the petitioner of the charge framed against him. Aggrieved against the said judgment, State preferred an appeal and the same was allowed by the Appellate Court. The Appellate Court vide judgment/order dated 19.8.2013 ordered the conviction and sentence of the petitioner under Section 409 IPC. Hence, the present petition by the petitioner. During the course of arguments, learned counsel for Singh Gurpreet 2013.09.09 16:51 I attest to the accuracy and integrity of this document chandigarh Crl. Revision No. 2725 of 2013 (O&M) -2- the petitioner has not challenged the conviction of the petitioner under Section 409 IPC but has submitted that sentence qua imprisonment of the petitioner be reduced to the period already undergone by him. It has been stated that the petitioner has undergone more than 2½ months of actual sentence out the one year. The amount in question has already been paid by the petitioner. A perusal of the judgment of the Courts below reveal that the amount in question has already been paid by the petitioner to the department. Some of the amount was adjusted from the GPF of the petitioner. Keeping in view the fact that the amount in question has already been paid by the petitioner to the department, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to the period already undergone by him. Accordingly, conviction of the petitioner under Section 409 IPC is maintained. However, sentence qua imprisonment of the petitioner is reduced to the period already undergone by him. Petitioner, who is in custody, be set at liberty forthwith, subject to deposit of fine as imposed by the Court below (if not already deposited), if not required in any other case. Petition stands disposed of accordingly. (SABINA) JUDGE September 06, 2013 Gurpreet Singh Gurpreet 2013.09.09 16:51 I attest to the accuracy and integrity of this document chandigarh