CRR No.3007 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3007 of 2010 (O&M) Date of decision: 27.01.2011 Gian Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. C.L. Pawar, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Petitioner was found guilty under Sections 420, 406 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment under Section 420 for a period of three years and to pay a fine of Rs.2000/- and in default of payment to further undergo rigorous imprisonment for two months and under Section 406 IPC, the petitioner further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- in default to further undergo rigorous imprisonment for 15 days. However, in appeal the learned Appellate Court has held the punishment under Section 420 IPC on the higher side and accordingly reduced the same to one year and eight months instead of three years along with fine already imposed by the learned trial Court. Whereas sentence awarded under Section 406 IPC has been affirmed. At the outset, learned counsel for the petitioner does not CRR No.3007 of 2010 (O&M) -2- challenge the conviction of the petitioner and submitted that the petitioner has already remained in custody for about sixteen months and he has suffered a lot of embarrassment owing to the pendency of this criminal case. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. I have heard learned counsel for the parties and gone through the record. He has suffered mental agony due to registration of this criminal case against him. The petitioner has already undergone for about sixteen months in this case. Considering totality of the facts and circumstances of this case while maintaining the conviction of the petitioner, the petitioner is sentenced to undergo for the period already undergone by him in this case. However, fine imposed upon the petitioner is enhanced to Rs.20,000/- over and above the fine already imposed by the Trial Court. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the complainant. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed. With above mentioned modification this revision petition stands disposed of. (Alok Singh) Judge January 27, 2011 R.S.