IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1374 of 2011 (O&M) Date of decision : 27.9.2011 Balzor @ Kiru ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Kuldip Singh, Advocate for the petitioner. Mr.Sandeep Mann, Sr.DAG, Haryana for the respondent. ..... MAHESH GROVER, J. Learned counsel for the petitioner at the outset contends that he does not wish to address the Court on the merits of the case but confines his arguments to the limited extent that the petitioner has undergone 10 months and 1 day out of the total substantive sentence of 1 year awarded to him. He further contends that there is no other case pending against him and considering the fact that the substantive period of sentence has already been undergone, some leniency should be shown to him. Learned counsel for the State has placed on record the custody certificate which shows that he has undergone 10 months and 1 day out of the total substantive sentence of 1 year awarded to him. Crl.Rev.No.1374 of 2011 (O&M) -2- On due consideration of the matter, I am of the opinion that in so far as the merits of the case are concerned, there is no redeeming factor in favour of the petitioner because the recovery was effected from him which seemingly is not doubtful. Having regard to the aforesaid, when the petitioner failed to establish his innocence and false implication, and keeping in view the fact that the recovery of articles effected from him was proved in accordance with law, I am of the opinion that the instant petition is without any merit and deserves to be dismissed. Ordered accordingly. However, the Court has considered the prayer which has been made by the petitioner regarding the period of sentence undergone by him and also the fact that there is no other case pending against him. Keeping in view the aforesaid, I am of the opinion that the interest of justice would be squarely met if the sentence of the petitioner is reduced to that of already undergone and the fine component is enhanced to Rs.2,000/-. Ordered accordingly. Failure to deposit the fine within a period of 4 months from today shall result in automatic revival of the sentence awarded by the Courts below. 27.9.2011 (MAHESH GROVER) JUDGE dss