CRR-641-2012 237 IN THE HIGH COURT OF PUNJAB AND HARYANA Raj Kumar State of Punjab CORAM : HON'BLE MR. JUSTICE Present: Mr. Ajay K. Yadav, Advocate for the petitioner. Mr. S.S.Nahar, AAG Punjab. H.S.GREWAL J. 1. The present revision petition has been filed against the judgment of conviction and order of sentence dated 03.03.2011, whereby the learned Sub Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the offences punishable under Sections undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days. The petitioner has further ch judgment dated 16.02.2012, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 03.03.2011 has been dismissed by the learned Sessions Judge, Sangrur. 2. Brief facts of the case are that on Singh, resident of Bhasaur suffered a statement with the police to the effect that on 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail Singh resident of Bhasaur was going on motor (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRR Date of Decision : VERSUS CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Mr. Ajay K. Yadav, Advocate for the petitioner. Mr. S.S.Nahar, AAG Punjab. -.- H.S.GREWAL J. (Oral) The present revision petition has been filed against the judgment of conviction and order of sentence dated 03.03.2011, whereby the learned Sub Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the offences punishable under Sections 279/304-A/337 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days. The petitioner has further ch judgment dated 16.02.2012, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 03.03.2011 has been dismissed by the learned Sessions Judge, Sangrur. Brief facts of the case are that on 09.11.2006 Ajit Singh son of Daljeet Singh, resident of Bhasaur suffered a statement with the police to the effect that on 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail Singh resident of Bhasaur was going on motor- -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-641-2012 (O&M) Date of Decision : 13.05.2026 ....Petitioner ....Respondent H.S.GREWAL Mr. Ajay K. Yadav, Advocate for the petitioner. The present revision petition has been filed against the judgment of conviction and order of sentence dated 03.03.2011, whereby the learned Sub Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the A/337 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days. The petitioner has further challenged the judgment dated 16.02.2012, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 03.03.2011 has been dismissed 09.11.2006 Ajit Singh son of Daljeet Singh, resident of Bhasaur suffered a statement with the police to the effect that on 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail -cycle make Hero Handa CD Dawn The present revision petition has been filed against the judgment of conviction and order of sentence dated 03.03.2011, whereby the learned Sub Divisional Judicial Magistrate, Malerkotla, convicted the petitioner for the A/337 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of and in default of payment of fine, to further undergo rigorous allenged the judgment dated 16.02.2012, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence dated 03.03.2011 has been dismissed 09.11.2006 Ajit Singh son of Daljeet Singh, resident of Bhasaur suffered a statement with the police to the effect that on 08.11.2006, his son Gurwinder Singh and his friend Baljeet Singh son of Jarnail ake Hero Handa CD Dawn TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 bearing registration No.PB which was being driven by his son Gurwinder Singh. He (complainant) and Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor cycle make CT Bajaj bearing registration No.PB Gurwinder Singh. They all were going to health of Bhan Singh, their relative. At about 8:00 PM when they reached near the office of Libra Bus Service, going on their motor cycle 50 yards ahead of them. They were on their side of the road. One oil tanker bearing registration No.HR driver without the help of any giving any signal, in a rash and negligent manner, struck against the motor cycle driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith motor cycle fell down on the ground. On account of accide and Baljeet Singh suffered injuries and motor cycle (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being suffered with many Patiala. They took Baljeet Singh to Arora Neuro Centre, came to know about the name and address Parbhu Ram, resident of Ram Nagar c Delhi. On receiving this narration of the incident, police swung into action by lodging the FIR under reference and launched its investigation, upon completion whereof, challan against the accused was presented in 3. At this stage, learned counsel for the petitioner states that he assailing the judgment of conviction on merits, rather restricts (O&M) bearing registration No.PB-13Q-2135-owned by his elder son Amritpal Singh, which was being driven by his son Gurwinder Singh. He (complainant) and Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor e CT Bajaj bearing registration No.PB Gurwinder Singh. They all were going to the DMC, Ludhiana to inquire about the health of Bhan Singh, their relative. At about 8:00 PM when they reached near the office of Libra Bus Service, his son Gurwinder Singh and Baljeet Singh were going on their motor cycle 50 yards ahead of them. They were on their side of the road. One oil tanker bearing registration No.HR driver without the help of any cleaner/conductor, without giving lights and without giving any signal, in a rash and negligent manner, struck against the motor cycle driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith motor cycle fell down on the ground. On account of accide and Baljeet Singh suffered injuries and motor cycle (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being many injuries, Baljeet Singh was referred to Rajindra Hospital, Patiala. They took Baljeet Singh to Arora Neuro Centre, came to know about the name and address of the driver as Parbhu Ram, resident of Ram Nagar colony, House N Delhi. On receiving this narration of the incident, police swung into action by lodging the FIR under reference and launched its investigation, upon completion whereof, challan against the accused was presented in At this stage, learned counsel for the petitioner states that he assailing the judgment of conviction on merits, rather restricts -2- owned by his elder son Amritpal Singh, which was being driven by his son Gurwinder Singh. He (complainant) and Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor e CT Bajaj bearing registration No.PB-28C-0757 owned by his son DMC, Ludhiana to inquire about the health of Bhan Singh, their relative. At about 8:00 PM when they reached near the his son Gurwinder Singh and Baljeet Singh were going on their motor cycle 50 yards ahead of them. They were on their side of the road. One oil tanker bearing registration No.HR-46-5932 was driven back by its or, without giving lights and without giving any signal, in a rash and negligent manner, struck against the motor cycle driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith motor cycle fell down on the ground. On account of accident, Gurwinder Singh and Baljeet Singh suffered injuries and motor cycle was also damaged. He (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being injuries, Baljeet Singh was referred to Rajindra Hospital, Patiala. They took Baljeet Singh to Arora Neuro Centre, Patiala. Lateron, they of the driver as Raj Kumar son of olony, House No. 34, Nazabgarh, Road, New Delhi. On receiving this narration of the incident, police swung into action by lodging the FIR under reference and launched its investigation, upon completion whereof, challan against the accused was presented in the court. At this stage, learned counsel for the petitioner states that he is not assailing the judgment of conviction on merits, rather restricts his prayer qua owned by his elder son Amritpal Singh, which was being driven by his son Gurwinder Singh. He (complainant) and Bhupinder Singh son of Gurdev Singh resident of Bhasaur were going on motor- 0757 owned by his son DMC, Ludhiana to inquire about the health of Bhan Singh, their relative. At about 8:00 PM when they reached near the his son Gurwinder Singh and Baljeet Singh were going on their motor cycle 50 yards ahead of them. They were on their side of the 5932 was driven back by its or, without giving lights and without giving any signal, in a rash and negligent manner, struck against the motor cycle driven by his son Gurwinder Singh. Gurwinder Singh and Baljeet Singh alongwith nt, Gurwinder Singh was also damaged. He (complainant) and Bhupinder Singh got admitted Gurwinder Singh and Baljeet Singh at Civil Hospital, Malerkotla, where Gurwinder Singh died. Due to being injuries, Baljeet Singh was referred to Rajindra Hospital, Patiala. Lateron, they Raj Kumar son of . 34, Nazabgarh, Road, New Delhi. On receiving this narration of the incident, police swung into action by lodging the FIR under reference and launched its investigation, upon completion is not prayer qua TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 modification of the order of sentence to the period already undergone petitioner has been suffering the agony of trial since without referring to the merits of the case, he prays for reduction of sentence while taking a lenient view on the ground that he has already undergone sentence of more than 0 total sentence of 2 years 4. On the other hand, learned State counsel opposes the prayer of the petitioner by way of filing of custody certificate of petitioner dated the ground that the learned Courts below have passed well after taking into consideration the entire evidence and the material available on record and there is no perversity or illegality in the findings returned by it. 5. I have heard material placed on record. 6. The FIR in the present case pertains to the year the petitioner is facing trial. At the time of conviction, he was 68 years of age, therefore, at present he must be above 80 years. As per custody certificate filed by the learned State counsel, the petitioner has undergone total sentence of 05 months and 25 days including remissions out of the substantive sentence awarded to him. 7. Hon’ble the Su UP”, (2004) 7 SCC 257 in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discre the Court. Background of each case, which includes factors like gravity of the offence, the manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this d (O&M) modification of the order of sentence to the period already undergone been suffering the agony of trial since without referring to the merits of the case, he prays for reduction of sentence while taking a lenient view on the ground that the petitioner is above 80 years of age and y undergone sentence of more than 0 total sentence of 2 years. On the other hand, learned State counsel opposes the prayer of the by way of filing of custody certificate of petitioner dated ound that the learned Courts below have passed well after taking into consideration the entire evidence and the material available on record and there is no perversity or illegality in the findings returned by it. I have heard learned counsel for the parties and have gone through the material placed on record. The FIR in the present case pertains to the year the petitioner is facing trial. At the time of conviction, he was 68 years of age, present he must be above 80 years. As per custody certificate filed by the learned State counsel, the petitioner has undergone total sentence of 05 months and 25 days including remissions out of the substantive sentence awarded to him. Hon’ble the Supreme Court in “Deo Narain Mandal Vs. State of UP”, (2004) 7 SCC 257, has held that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discre the Court. Background of each case, which includes factors like gravity of the offence, the manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this d -3- modification of the order of sentence to the period already undergone as the been suffering the agony of trial since 2006. He also submits that without referring to the merits of the case, he prays for reduction of sentence while the petitioner is above 80 years of age and y undergone sentence of more than 05 months and 25 days out of the On the other hand, learned State counsel opposes the prayer of the by way of filing of custody certificate of petitioner dated 12.05.2026 ound that the learned Courts below have passed well-reasoned judgments after taking into consideration the entire evidence and the material available on record and there is no perversity or illegality in the findings returned by it. learned counsel for the parties and have gone through the The FIR in the present case pertains to the year 2006 and since then the petitioner is facing trial. At the time of conviction, he was 68 years of age, present he must be above 80 years. As per custody certificate filed by the learned State counsel, the petitioner has undergone total sentence of 05 months and 25 days including remissions out of the substantive sentence awarded to him. Deo Narain Mandal Vs. State of , has held that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the statute with regard to the period of sentence, a discretionary element is vested in the Court. Background of each case, which includes factors like gravity of the offence, the manner in which the offence is committed, age of the accused, should be considered while determining the quantum of sentence and this discretion is not as the also submits that without referring to the merits of the case, he prays for reduction of sentence while the petitioner is above 80 years of age and days out of the On the other hand, learned State counsel opposes the prayer of the 12.05.2026 on reasoned judgments after taking into consideration the entire evidence and the material available on learned counsel for the parties and have gone through the 2006 and since then the petitioner is facing trial. At the time of conviction, he was 68 years of age, present he must be above 80 years. As per custody certificate filed by the learned State counsel, the petitioner has undergone total sentence of 05 months and 25 days including remissions out of the substantive sentence awarded to him. Deo Narain Mandal Vs. State of , has held that awarding of sentence is not a mere formality in criminal cases. When a minimum and maximum term is prescribed by the tionary element is vested in the Court. Background of each case, which includes factors like gravity of the offence, the manner in which the offence is committed, age of the accused, should iscretion is not TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as 8. Further, a two Sasikala Vs. State of AP, AIR 2017 SC 1166 sentence also serves a social purpose, as it acts as a deterrent by making the accused realise the damage caused not only to the victim, but also to the society at large. The law in this regard is well settled that opportu be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner, in which the crime was committed and conduct of the accused to strike a bal between the efficacy of law and the chances of reformation of the accused. 9. A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence petitioner has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence already undergone by petitioner 10. As far as the question of quantum of sentence in concerned, it is worthwhile to note that the occurrence in this case pertains to the year right to speedy and expeditious trial is one of the most valuable and cherished rights guaranteed under t of protracted trial, spanning over a period of more than the corridors of the above, the case of (O&M) to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as Further, a two-Judges Bench of the Hon'ble Supreme Court in Sasikala Vs. State of AP, AIR 2017 SC 1166 sentence also serves a social purpose, as it acts as a deterrent by making the accused realise the damage caused not only to the victim, but also to the society at large. The law in this regard is well settled that opportu be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner, in which the crime was committed and conduct of the accused to strike a bal between the efficacy of law and the chances of reformation of the accused. A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct appreciation of evidence available on record. However, learned counsel for the has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence already undergone by petitioner. As far as the question of quantum of sentence in concerned, it is worthwhile to note that the occurrence in this case pertains to the year right to speedy and expeditious trial is one of the most valuable and cherished rights guaranteed under the Constitution. Petitioner of protracted trial, spanning over a period of more than the corridors of the Court for this prolonged period. In view of the facts noted above, the case of petitioner deserves to be dealt with leniency. -4- to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to ensure the sentence is neither excessively harsh nor does it come across as lenient. Judges Bench of the Hon'ble Supreme Court in Ravada Sasikala Vs. State of AP, AIR 2017 SC 1166, has held that the imposition of sentence also serves a social purpose, as it acts as a deterrent by making the accused realise the damage caused not only to the victim, but also to the society at large. The law in this regard is well settled that opportunities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner, in which the crime was committed and conduct of the accused to strike a balance between the efficacy of law and the chances of reformation of the accused. A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct available on record. However, learned counsel for the has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence As far as the question of quantum of sentence in concerned, it is worthwhile to note that the occurrence in this case pertains to the year 2006. The right to speedy and expeditious trial is one of the most valuable and cherished Petitioner has already suffered the agony of protracted trial, spanning over a period of more than 20 years and have been in ourt for this prolonged period. In view of the facts noted erves to be dealt with leniency. Petitioner also to be used arbitrarily or whimsically. After assessing all relevant factors, proper sentence should be awarded bearing in mind the principle of proportionality to lenient. Ravada , has held that the imposition of sentence also serves a social purpose, as it acts as a deterrent by making the accused realise the damage caused not only to the victim, but also to the society at nities of reformation must be granted and such discretion is to be exercised by evaluating all attending circumstances of each case by noticing the nature of the crime, the manner, in ance A perusal of the judgment of conviction passed by the learned trial Court indicates no perversity in its findings and the same is based on correct available on record. However, learned counsel for the has not assailed the judgment of conviction on merits, rather restricted the prayer only qua modification of quantum of sentence to that of the sentence As far as the question of quantum of sentence in concerned, it is . The right to speedy and expeditious trial is one of the most valuable and cherished already suffered the agony been in ourt for this prolonged period. In view of the facts noted also TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document CRR-641-2012 deserves the benefit of the consistent view taken by this guided by the judicial pronouncements made by the Hon'ble Supreme Court in the cases of Haripada Das Vs. State of West Bangal and Alister Anthony Pareira vs. [2023:RJ State of Maharashtra reported in 2012 2 SCC 648 circumstances of the case, age of that he faced financial hardship and had to go through mental agony, this of the view that ends of justice would be met, if sentence imposed upon is reduced to the period as already undergone by 11. Accordingly, the judgments passed by the learned Appellat well as the learned Sub Division Judicial Magistrate affirmed but the quantum of sentence awarded by the Courts concerned under Sections 279/304 sentence as already undergone by His bail bonds are discharged. 12. With these modifications, the present revision petition is disposed of. 13. Pending application(s), if any, shall also stand disposed May 13, 2026 tripti Whether speaking/non Whether reportable (O&M) the benefit of the consistent view taken by this guided by the judicial pronouncements made by the Hon'ble Supreme Court in the Haripada Das Vs. State of West Bangal and Alister Anthony Pareira vs. [2023:RJ-JD:28174] (5 of 5) [CRLR State of Maharashtra reported in 2012 2 SCC 648 circumstances of the case, age of petitioner, his faced financial hardship and had to go through mental agony, this of the view that ends of justice would be met, if sentence imposed upon is reduced to the period as already undergone by Accordingly, the judgments passed by the learned Appellat well as the learned Sub Division Judicial Magistrate affirmed but the quantum of sentence awarded by the Courts concerned under 279/304-A/337 IPC has been modified and reduced to the period of sentence as already undergone by him. Petitioner nds are discharged. With these modifications, the present revision petition is disposed of. Pending application(s), if any, shall also stand disposed Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -5- the benefit of the consistent view taken by this Court in this regard. Thus, guided by the judicial pronouncements made by the Hon'ble Supreme Court in the Haripada Das Vs. State of West Bangal reported in (1998) 9 SCC 678 JD:28174] (5 of 5) [CRLR-755/2003] State of Maharashtra reported in 2012 2 SCC 648 and considering the facts and , his status in the society and the fact faced financial hardship and had to go through mental agony, this Court is of the view that ends of justice would be met, if sentence imposed upon petitioner is reduced to the period as already undergone by him. Accordingly, the judgments passed by the learned Appellate Court as well as the learned Sub Division Judicial Magistrate, Malerkotla are hereby affirmed but the quantum of sentence awarded by the Courts concerned under IPC has been modified and reduced to the period of etitioner is on bail. He need not surrender. With these modifications, the present revision petition is disposed of. Pending application(s), if any, shall also stand disposed. (H.S.GREWAL) JUDGE speaking : Speaking : Yes/No ourt in this regard. Thus, guided by the judicial pronouncements made by the Hon'ble Supreme Court in the reported in (1998) 9 SCC 678 755/2003] the facts and status in the society and the fact ourt is etitioner e Court as are hereby affirmed but the quantum of sentence awarded by the Courts concerned under IPC has been modified and reduced to the period of need not surrender. With these modifications, the present revision petition is disposed of. TRIPTI SAINI 2026.05.15 17:53 I attest to the accuracy and integrity of this document