Crl.R. No.473 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: Crl.R. No.473 of 2004 DATE OF DECISION: April 20, 2009 SUKHMANDER SINGH ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. C.S. RANA, ADVOCATE FOR MR. S.S. RANA, ADVOCAE FOR THE PETITIONER. MS. AMBIKA LUTHRA, AAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has been convicted by the Chief Judicial Magistrate, Moga under Section 294-A IPC and sentenced to undergo R.I. for 3 months and to pay a fine of Rs.200/-, in default of payment of fine to further undergo R.I. for 15 days and was also convicted under Section 420 IPC and was sentenced to undergo R.I. for 2 years and to a pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months vide judgement dated 20.5.2002. The appeal filed by the petitioner has been dismissed by the Addl. Sessions Judge, Moga vide judgement dated 3.2.2004, and the conviction and sentence of the petitioner as imposed by the trial Court have been upheld. The only argument raised by the counsel for the petitioner is that as the petitioner has undergone more than 9 months of actual sentence out of the substantive sentence of 2 years under Section 420 IPC and that he Crl.R. No.473 of 2004 -2- has faced the agony of long and protracted trial, therefore, a lenient view be taken while sentencing the petitioner. The period of detention as undergone by the petitioner is not denied by the counsel for the State. In view of the aforementioned facts, I upheld the conviction of the petitioner under Section 294-A and 420 IPC. However, as far as the question of sentence is concerned, I find that the petitioner has already undergone 9 months of imprisonment and has also faced a long and protracted trial of more than 12 years. In this view of the matter, I reduce the sentence of the petitioner under Section 294-A and 420 IPC to the one already undergone by him. Revision petition disposed of. April 20, 2009 (ASHUTOSH MOHUNTA) Gulati JUDGE