CRR No.2922 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2922 of 2009 (O&M) Date of decision: 29.04.2011 Vipan Kumar ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Pawan Sharma, 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 and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.3000/- and in default of payment to further undergo rigorous imprisonment for three months for commission of offence punishable under Section 61(1)(a) of Punjab Excise Act by Chief Judicial Magistrate, Hoshiarpur, vide judgment dated 25.12006. In appeal, sentence was reduced to two years rigorous imprisonment from three years rigorous imprisonment by learned Appellate Court/Additional Sessions Judge (Adhoc), Fast Tract Court, Hoshiarpur, vide judgment dated 28.10.2009. Except this modification, appeal was dismissed. Learned counsel for the petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the CRR No.2922 of 2009 (O&M) -2- accused under Section 61(1)(a) of Punjab Excise Act . Learned counsel has argued that this Court may enhance the compensation/fine and may consider to reduce the sentence for the period already undergone. Ms. Bhavna Gupta, DAG, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. She further submits that the petitioner/accused has already undergone about nine months and eleven days. I have heard learned counsel for the parties and have perused the record. In the opinion of this Court, no useful purpose would be served by keeping the accused/petitioner in the company of hardcore criminals; reducing the sentence for the period already undergone and enhancing the fine/compensation to be paid to the injured seems to be best option. Therefore, sentence is reduced for the period already undergone in the present case. However, fine/compensation imposed upon the petitioner is enhanced to Rs.10,000/- 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. 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 in the matter of sentence, this revision petition stands disposed of. (Alok Singh) Judge April 29, 2011 R.S.