IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. R. No. 2101 of 2005 Date of decision: 16.8.2010 Pawan Kumar @ Sonu … Petitioner versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Jasmeet S. Bhatia, Advocate, for the petitioner Mr. B.S. Sra, Addl. AG Punjab … ARVIND KUMAR, J: The petitioner along with his co-accused, Jarnail Singh and Ajit Singh was tried by the Court of Addl. Chief Judicial Magistrate, Fatehgarh Sahib, under Section 411/468 IPC on the allegation that on 26.9.1997, on a Naka held by the police, they were apprehended along with the stolen car in their possession. On conclusion of trial, the learned trial Court although acquitted the two accused, Jarnail Singh and Ajit Singh of the charges; however, held the petitioner guilty under Section 411/468 IPC. Accordingly, under Section 411 IPC he was convicted and sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs.1000/- and in default of payment of fine, to undergo further imprisonment for one month, while under Section 468 IPC he was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/- and in default of payment of fine, to undergo further imprisonment for one month. Both the sentences were, however, ordered to run concurrently. On appeal, the lower appellate Court upheld the judgment of the trial Court. Hence, the present revision. Counsel for the petitioner obviously has confined his argument for the reduction of sentence mainly on the ground that the present petitioner is facing agony of protracted trial/appeal for about 13 years. Crl. R. No. 2101 of 2005 -2- The petitioner is stated to have already undergone sentence of more than two months. Counsel has left him at the mercy of the Court. The argument has been scanned. Keeping in view the fact that the petitioner has suffered the agony of protracted trial/appeal for about 13 years and has left himself at the mercy of the Court, his conviction under Section 411/468 IPC stands maintained but the sentence awarded to him under these sections is reduced to the period already undergone; however, the amount of fine stands enhanced to Rs.10,000/-, to be deposited within one month. In case of non- compliance thereof, the present revision shall be deemed to have been dismissed. With the above modification/direction, the present criminal revision stands disposed of. August 16,2010 ( ARVIND KUMAR ) JS JUDGE