Crl.Rev.No. 1261 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 1261 of 2011 Date of decision: 19.7.2011 Gurpartap Singh @ Bittu and others ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vikram K.Chaudhary, Advocate, for the petitioners. Mr.Vishal Munjal, Addl.A.G.Punjab. **** SABINA, J. This petition has been filed under Section 401 of the Code of Criminal Procedure challenging the order dated 19.3.2011 passed by the Sessions Judge. The petitioners faced the trial under Sections 451, 326, 325, 323, 148 and 149 of the Indian Penal Code (IPC for short). The petitioners were convicted and sentenced by the trial Court vide judgment and order dated 22.10.2003 under Sections 148 and 326, 325, 323 read with Section 149 IPC. Aggrieved by the said judgment and order, petitioners preferred an appeal. The Appellate Court, without going into the merits of the case, remanded the case back to the trial Court on the question of sentence. Hence, the present Crl.Rev.No. 1261 of 2011 2 petition. Learned counsel for the petitioners has submitted that the Appellate Court was required to go into the merits of the case and decide the appeal on merits. In case the Appellate Court found that the petitioners were liable to be convicted, the Appellate Court could have modified/ clarified any ambiguity in the order of sentence. Learned State counsel, on the other hand, has submitted that there was ambiguity in the order of sentence and hence, the Appellate Court had rightly remanded the case back to the trial Court qua the order of sentence. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. The Appellate Court was required to decide the appeal on merits. In case the Appellate Court felt that the conviction of the petitioners was liable to be upheld then the Appellate Court should have further proceeded with regard to the quantum of sentence. Any ambiguity found by the Appellate Court in the order of sentence could have been clarified by the Appellate Court instead of remanding the case back to the trial Court on the question of sentence without deciding the appeal on merits. Accordingly, this petition is allowed. The impugned order dated 9.3.2011 is set aside. The Appellate Court is directed to decide the appeal filed by the petitioners on merits in accordance with law. SABINA) JUDGE Crl.Rev.No. 1261 of 2011 3 July 19, 2011 anita