IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1746 of 2004 Date of Decision : August 18, 2010 Rajinder Kumar ....Petitioner Versus State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. S.M.Kundu, Advocate for Mr. S.S.Kharb, Advocate for the petitioner. Mr. Ravish Kaushik, Assistant Advocate General, Haryana T.P.S. MANN, J. (Oral) Vide judgment and order dated 10/11.8.2001, Additional Chief Judicial Magistrate, Jagadhri convicted the petitioner for the offences under Sections 420, 467, 468 and 471 IPC and then proceeded to sentence him as under:- i) Rigorous imprisonment for one year and to pay a fine of Rs.500/- under Section 420 IPC and in default of payment of fine to undergo further rigorous imprisonment for one month; ii) Rigorous imprisonment for two years and to pay a fine of Rs.500/- under Section 467 IPC and in default of payment of fine to undergo further rigorous imprisonment for one month; iii)Rigorous imprisonment for two years and to pay a fine of Rs.500/- under Section 468 IPC and in default of payment of fine to Crl. Revision No. 1746 of 2004 -2- undergo further rigorous imprisonment for one month; and iv)Rigorous imprisonment for one year and to pay a fine of Rs.500/- under Section 471 IPC and in default of payment of fine to undergo further rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently. Against his conviction and sentence, the petitioner filed an appeal but the same was dismissed by Additional Sessions Judge, Yamunanagar at Jagadhri vide judgment dated 18.8.2004. Hence, the present revision by the petitioner. Learned counsel for the petitioner has not challenged the conviction of his client. However, he has submitted that, according to the prosecution, in between 26.7.1992 and 19.7.1993 the petitioner had forged certain certificates for the purpose of getting Jasbir Kaur and Gurvinder Singh admitted in Gurkul Kanya High School and, thus, cheated Smt.Sushila Devi, Headmistress of the said School. The FIR was registered in the year 1993 and ever since then the petitioner has been facing the agony of criminal prosecution. The petitioner is not a previous convict. He has already undergone a sentence of about five months out of the sentence of two years imposed upon him. Therefore, the substantive sentences of the petitioner be reduced to that already undergone by him. Learned State counsel has submitted that it was the petitioner, who cheated the Headmistress of a High School by producing forged Crl. Revision No. 1746 of 2004 -3- certificates for securing admission of Jasbir Kaur and Gurvinder Singh in the School and, therefore, he does not deserve any leniency in the matter of sentence. However, he has placed on record the custody certificate as per which the petitioner has undergone an actual period of four months and twenty seven days in jail. After hearing learned counsel for the parties and going through the impugned judgments besides taking into consideration the totality of the circumstances, the Court is of the view that no useful purpose will be served by sending the petitioner behind the bars, once again, for undergoing the remainder of his sentences. Ends of justice would be amply met if the substantive sentences of imprisonment are reduced to that already undergone by him. Resultantly, the conviction of the petitioner for the offences under Sections 420, 467, 468 and 471 IPC is maintained. His substantive sentences of imprisonment on all the counts are reduced to that already undergone by him. However, the sentences of fine alongwith their default clauses are maintained. The revision is, accordingly, disposed of. ( T.P.S. MANN ) August 18, 2010 JUDGE ajay-1