Criminal Revision No.519 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.519 of 2011 (O&M) Date of decision:4.8.2011 Gurmej Singh @ Billu ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Rana, Advocate, for the petitioner. Mr.G.S.Brar, AAG, Punjab. **** SABINA, J. Petitioner was tried for an offence under Sections 379, 382 of the Indian Penal Code (“IPC” for short) in FIR No.60 dated 27.4.1997 registered at Police Station Payal. The trial Court, vide judgment/ order dated 26.8.2009 convicted and sentenced the petitioner for an offence under Section 382 IPC. Aggrieved by the same, petitioner preferred an appeal, which was dismissed vide judgment dated 11.12.2010 passed by the Additional Sessions Judge. Hence, the present revision petition by the accused- petitioner. The prosecution case, in brief, was that the complainant was running a furniture shop and on 27.4.1997, he along with Paramjit Singh was going on a scooter to Doraha. At about 3.30 p.m. when they had reached a little ahead of Ghudani Kalan near village Buai, three young persons were standing under a tree on a Criminal Revision No.519 of 2011 (O&M) 2 bank of the canal. Two out of the said persons were clean shaven and one was a Sikh gentleman. All the three were aged about 25-26 years old. The said persons took away the scooter of the complainant. Learned counsel for the petitioner did not challenge the conviction of the petitioner under Section 382 IPC during the course of arguments but has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. The petitioner is facing the criminal proceedings since the year 1997 and has undergone about nine months of actual sentence out of the substantive sentence of two years. Keeping in view the facts and circumstances of the case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to already undergone by him. Accordingly, conviction of the petitioner under Section 382 IPC is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. The petitioner, who is in custody be released forthwith, if he is not required in any other case, subject to his depositing the fine (if not already deposited) as imposed by the trial Court. The petition stands disposed of accordingly. (SABINA) JUDGE August 04, 2011 anita