IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1153 of 1988 Date of decision: 26th May, 2009 Bant Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gaurav Chopra, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. Ms. Monika Jalota, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Bant Singh son of Gurdial Singh. Gram Panchayat, Jaffarpur, district Patiala, through its Sarpanch Phula Singh, had instituted a complaint against the petitioner. It was stated in the complaint that land was leased to the petitioner. After the expiry of lease, the possession of the petitioner over the land in dispute became unauthorized and unlawful, therefore, the Gram Panchayat had filed an ejectment petition in the Court of Collector, Patiala. Ejectment order was passed on 3rd January, 1986. Despite the order passed by the Collector, Patiala, petitioner had not surrendered the possession, therefore, it is stated that he has committed offence under Section 13-A of the Punjab Village Common Land (Regulation) Act, 1961. Criminal Revision No. 1153 of 1988 Petitioner was convicted under Section 13-A of the Punjab Village Common Land (Regulation) Act, 1961 and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.200/-, in default of payment of fine to further undergo rigorous imprisonment for one month. Petitioner had filed an appeal. The same was dismissed on 31st October, 1988 and petitioner was taken into custody. Petitioner was ordered to be released on bail by this Court on 3rd November, 1988. Counsel for the petitioner has stated that he will not assail the conviction of the petitioner. Counsel has stated that the very fact that the offence was committed in 1986 and the petitioner was convicted and sentenced in year 1988, makes it clear that petitioner has suffered a protracted trial of more than 21 years. Counsel has submitted that taking this factor alone into consideration, sentence awarded upon the petitioner may be reduced to already undergone. Ms. Monika Jalota appearing for respondent No.2 Gram Panchayat, has no objection in case sentence awarded upon the petitioner is reduced to already undergone. Taking into consideration that petitioner has suffered a protracted trial of more than 21 years, sentence awarded upon him is reduced to already undergone. With these modifications in the sentence, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 26, 2009 rps 2