In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Revision No.2453 of 2008 ..... Date of decision:30.1.2009 Sabhajeet .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Varinder Singh Rana, Advocate for the petitioner. Mr. A.K. Rathee, Assistant Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. This revision petition has been filed by the petitioner against the judgment and order dated 22.8.2008 passed by the learned Sessions Judge, Hissar whereby his appeal against the judgment and order dated 6.11.2006 passed by the learned Judicial Magistrate Ist Class, Hissar convicting him for the offence under Section 411 Indian Penal Code (`IPC' – for short) and sentencing him to undergo simple imprisonment for two years and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo further simple imprisonment for one month has been dismissed. On the basis of an application submitted by complainant Ajay Kumar, FIR in the present case for the offences under Sections 379 and 411 IPC was registered. It was alleged by the complainant that on 24.6.2001 a motorcycle registered in the name of his wife was stolen from the gate of Cr. Revision No.2453/2008 [2] House No.440, Defence Colony, Hissar. During investigation, the petitioner was arrested and investigation carried out. After investigation, the charge-report (challan) was filed in Court. The petitioner was charged for the offence under Section 411 IPC to which he pleaded not guilty and claimed trial. Assistant Sub Inspector Rattan Lal appeared in the present case as PW-2. He deposed that in case FIR No.343 of 2001 for the offences under Sections 399 and 402 IPC registered at Police Station, Civil Lines, Hissar, the petitioner made a disclosure statement (Ex.PW.2/A) regarding theft of motorcycle. Deep Kumar, Head Constable appeared as PW-3. He deposed that on 28.6.2001 the petitioner was in custody in case FIR No.343 of 2001. The petitioner made a disclosure statement (Ex.PB) regarding theft of the motorcycle in question on 24.6.2001. On the basis of the disclosure statement the motorcycle was recovered which was taken in custody of the Police in pursuance of seizure memo (Ex.PC). The learned trial Magistrate held that in view of the recovery of motorcycle from the custody of the petitioner the guilt stood established for the offence under Section 411 IPC and he was convicted accordingly. The petitioner was sentenced to simple imprisonment for two years and a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for one month. The petitioner aggrieved against the order of his conviction by the trial Magistrate preferred an appeal before the learned Sessions Judge. When the appeal was taken up for hearing on 22.8.2008, the petitioner made a statement to the effect that he did not contest the conviction part of the Cr. Revision No.2453/2008 [3] judgment but he prays for leniency. The learned Sessions Judge reduced the sentence of imprisonment from two years to one year and a fine of Rs.1,000/-. The period already undergone was ordered to be set off. The petitioner aggrieved against the said order has preferred the present revision petition. Notice of motion was issued for 11.12.2008. On the said date i.e. 11.12.2008 affidavit of Superintendent, Central Jail, Hissar was filed mentioning therein the period of imprisonment undergone and also other cases pending against the petitioner. The petitioner as on 10.12.2008 had undergone ten months and 15 days of imprisonment. Besides, two other cases are registered against him. The petitioner, it is submitted, was convicted on 7.9.2005 to undergo rigorous imprisonment for ten years and to pay a fine of Rs.12,000/- in case FIR No.343 dated 28.6.2001 for the offence under Sections 399 and 402 IPC and Section 25 of the Arms Act. He was released on 9.9.2008 on being granted bail by this Court in the said case. Thereafter, the petitioner was convicted and sentenced on 7.11.2006 to rigorous imprisonment for one year and six months and to pay a fine of Rs.1,000/- in the present case. It is submitted that as per provisions of Section 427 (1) Cr.P.C. it has not been mentioned on the conviction warrant in the present case (FIR No.335 dated 26.6.2001) that his sentence shall run concurrently with the sentence awarded in case FIR No.343 dated 28.6.2001 for the offences under Sections 399 and 402 IPC and Section 25 of the Arms Act. Therefore, the petitioner would have to first undergo the sentence of rigorous imprisonment for ten years and pay a fine of Rs.12,000/- and thereafter his sentence of imprisonment would run in the present case, Cr. Revision No.2453/2008 [4] however, the petitioner has been released on bail in case FIR No.343 dated 28.6.2001 on 9.9.2008. The sentence awarded in the present case has been started from 7.9.2008. It is also mentioned that the petitioner is involved in three other cases in which he is facing trial. In view of the aforesaid fact and keeping in view the propensity of the petitioner towards criminal activities, no ground is made out for further reducing the sentence or for the release of the petitioner on probation. In terms of the order of the learned Sessions Judge, the conviction of the petitioner has not been challenged and the question is only regarding imposition of sentence of imprisonment. However, in the facts and circumstances, no ground is made out for interfering with the sentence of imprisonment that has been imposed in the present case. Accordingly, there is no merit in this revision petition and the same is dismissed. January 30, 2009. (S.S. Saron) Judge *hsp*