IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1551 of 2004 Date of decision: 16th February, 2010 Darshan Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner. Mr. J.S. Bhullar, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. Ten persons namely, Manjit Singh, Ishar Singh, Charanjit Singh, Major Singh, Sukhdev Singh son of Bhan Singh, Mohinder Kaur, Sukhdev Singh son of Kartar Singh, Tajinder Singh Manager, Sajjan Singh Accountant and Darshan Singh, LBO of P.A.D. Bank, Dhuri were tried as accused in case FIR No.245 dated 19.12.1989 registered at Police Station Dhuri under Sections 406, 420, 467, 468, 471, 120-B IPC. Out of them, Manjit Singh and Major Singh were declared as Proclaimed Offenders. The Court of Sub Divisional Judicial Magistrate, Dhuri after trial, acquitted of the charge by giving benefit of doubt to Sajjan Singh and Tajinder Singh. However, Ishar Singh son of Kartar Singh, Charanjit Singh son of Ranjit Singh, Sukhdev Singh son of Bhan Singh, Sukhdev Singh son of Kartar Singh, Mohinder Kaur wife of Harnek Singh and Criminal Revision No.1551 of 2004 Darshan Singh present petitioner were found guilty of offences under Sections 468, 471, 420 and 120-B IPC and were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- each for committing offence under Section 468 IPC, in default of payment of fine to further undergo rigorous imprisonment for two months. These accused were also sentenced under Section 471 IPC to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for two months. They were further sentenced under Section 420 IPC to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for two months. For committing an offence under Section 120-B IPC, a similar sentence of one year rigorous imprisonment and a fine of Rs.1000/- each was awarded to all the six accused and in default of payment of fine they were ordered to undergo further rigorous imprisonment for a period of two months. All the sentences were ordered to run concurrently. Aggrieved against the judgment and order of the trial Court, two separate appeals were preferred. Darshan Singh filed Criminal Appeal No.33 of 03.02.1999 and the remaining five accused filed Criminal Appeal No. 5 of 19.02.1999. Both the appeals were decided by a common judgment dated 12th June, 2004 by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur. The lower appellate Court held that Mohinder Kaur was a lady aged 70 years, and therefore, granted her benefit of probation. However, conviction and sentence of all other accused was maintained. Ishar Singh son of Kartar Singh, Charanjit Singh son of Ranjit Singh, Sukhdev Singh son of Bhan Singh and Sukhdev Singh son 2 Criminal Revision No.1551 of 2004 of Kartar Singh filed Criminal Revision No.1600 of 2004 in this Court. The same was decided by a separate order passed today, which reads as under: “Counsel for the petitioners states that petitioners along with co-accused were sentenced by the trial Court to undergo rigorous imprisonment for one year and pay fine of Rs.1,000/- each, for offence under Section 468 IPC. In default of payment of fine, to undergo rigorous imprisonment for two months. A similar sentence was imposed upon them for offence under Sections 471, 120-B and 420 IPC. All the sentences were ordered to run concurrent. Counsel for the petitioners submit that against their conviction and sentence, petitioners filed an appeal. The lower Appellate Court upheld the conviction and maintained the sentence. However, co-accused Mohinder Kaur was ordered to be released on probation. Counsel for the petitioners further submit that petitioners were taken into custody on 12.6.2004 and thereafter they were released from jail by giving benefit of remissions by the State Government. Counsel further submit that he does not intend to pursue the present revision petition. As prayed, present revision petition is dismissed as withdrawn.” The case of the petitioner is on a better footing than that of Ishar Singh and others, as he has already undergone two months and four days actual sentence out of the total sentence of one year rigorous imprisonment awarded to him. Case of the prosecution is that Ishar Singh, Charanjit Singh, Major Singh, Sukhdev Singh son of Bhan Singh, Mohinder Kaur and Sukhdev Singh son of Kartar Singh had submitted forged Jamabandis and had obtained a loan from PADB, Dhuri (Cooperative Agricultural 3 Criminal Revision No.1551 of 2004 Development Bank). Darshan Singh petitioner was posted as a Field Officer in PADB, Dhuri and he had signed the mortgage deed on behalf of the Bank. An argument was raised before the courts below that it was not the duty of the present petitioner to verify the authenticity and genuineness of the Jamabandis and that he had acted on behalf of the Bank when the borrowers had executed the mortgage deed. Both the Courts below have convicted the petitioner with the aid of Section 120-B IPC. The findings of both the Courts below are justifiable. In view of the fact that all the beneficiaries of the loan have been released from jail by the State Government giving them benefit of remissions, this Court is of the view that the present petitioner, who has undergone more actual sentence than others, cannot be treated differently. Furthermore, occurrence in the present case pertains to the year 1985-86 and the instant FIR was registered in the year 1989, the petitioner has suffered mental pain and agony of a protracted trial for more than two decades. In these circumstances, the sentence awarded to the petitioner is reduced to the period already undergone. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE February 16, 2010 rps 4