Criminal Revision No.1372 of 2011(O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.1372 of 2011(O&M) Date of Decision: July 25, 2011 Sohrab and another ... Petitioners Versus Mahender Partap and another ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr. Sarfraj Hussain, Advocate, for the petitioners. Mr.Satyavir Singh Yadav, Deputy Advocate General, Haryana for respondent No.1 – State. None for respondent No.1. NAWAB SINGH J.(ORAL) Challenge is to the judgments dated October 9/10th, 2009 and May 14th, 2011 passed by Judicial Magistrate Ist Class, Ferozepur Jhirka and Additional Sessions Judge, Nuh, whereby, petitioners were convicted under Sections 420, 467 and 120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years on all counts, in a complaint case. Learned counsel for the petitioners has urged that allegations against the petitioners were that while obtaining loan from a Bank, they mortgaged the land of the complainant. It was further urged that in fact, the petitioners and the complainant are co-sharers in the land and inadvertently the khasra numbers falling to the share of the complainant were mortgaged with the Bank. The amount of loan has already been waived off by the Government. At the outset, learned counsel for petitioners has urged that he does not challenge the conviction of petitioners, rather, confines his argument only to the quantum of sentence, on the Criminal Revision No.1372 of 2011(O&M) [ 2 ] grounds that, (i) petitioners have faced the agony of the trial for a period of eight years; (ii) the loan amount has already been waived off; (iii) the mistake was bonafide as petitioners were co-sharers; and (iv) petitioners have already undergone 3 months 4 days of the actual sentence, as is evident from the Jail custody certificates, filed by the respondent – State. The numerous grounds taken cumulatively are mitigating circumstance, so this Court upholds the conviction of petitioners but is inclined to reduce the sentence. It is further of the opinion that ends of justice shall be met if the petitioners are sentenced to the period already undergone, that is, 3 months 4 days, and orders accordingly. They be released forthwith, if not required in any other case. Learned State counsel is directed to inform the Authorities concerned to release the petitioners forthwith. A copy of this order be given Dasti (by hand) to the counsel for the parties under the signatures of the Court Secretary. July 25, 2011 ( NAWAB SINGH ) gian JUDGE