Criminal Revision No. 1784 of 2004 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1784 of 2004 Date of Decision: 4.5.2009 Jawahar Lal …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.N.Sahu, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner was nominated as accused in case FIR No. 20 dated 28.1.1994 registered at Police Station Sadar Thanesar, under Sections 279, 336, 337, 338, & 427 IPC. Petitioner was convicted and sentenced by the Court of the Judicial Magistrate Ist Class, Kurukshetra, to undergo rigorous imprisonment for one year and a fine of Rs.1000/- under Section 338 IPC. He was further ordered to undergo simple imprisonment for one month, in case of default in payment of fine. He was also sentenced to undergo rigorous imprisonment for six months under Sections 279 & 337 IPC. All the sentences were ordered to run concurrent. Aggrieved against the same, petitioner had filed an appeal. Criminal Revision No. 1784 of 2004 2 The same was decided by the Court of the Additional Sessions Judge, Kurukshetra. In appeal, petitioner was acquitted for the offence under Section 338 IPC. However, his conviction under Sections 279 & 337 IPC was maintained and the sentence awarded of six months rigorous imprisonment was also upheld. The appeal was decided on 2.9.2004. Petitioner has filed the present revision petition in this Court and the sentence awarded upon him was suspended on 27.9.2004. Thus, the petitioner has undergone 25 days out of his actual sentence of six months. Counsel for the petitioner submits that the petitioner was not released on bail immediately and thus, he has undergone about 30 days of his actual sentence. Counsel for the petitioner submits that he will not be in a position to assail conviction of the petitioner but he has submitted that complainant had suffered simple injury due to the accident and the petitioner has already suffered a protracted trial of more than 15 years. Counsel for the petitioner further submits that for the simple injury the complainant can be compensated. Taking into consideration the fact that petitioner has suffered a protracted trail and it will not be justifiable to send the petitioner behind the bars after a period of 15 years especially when the complainant had suffered simple injury in an accident, sentence awarded upon the petitioner is reduced to already undergone, however, sentence of fine is enhanced to Rs.5,000/-. The amount of fine be deposited within a period of three months from the date of receipt of certified copy of this order. Thereafter, the amount shall be disbursed to the complainant/injured. Criminal Revision No. 1784 of 2004 3 In case the fine is not deposited, the benefit in reduction of sentence shall not accrue to the petitioner and the petitioner shall undergo the entire sentence. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 4, 2009 “DK”