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2025 DAILYLAW 110237 (PNJ)

SANJIV KUMAR v. STATE OF PUNJAB

CRR/2706/2024 · 2025-07-14

Sandeep Moudgil

body2025

Judgment text

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CRR-2706-2024 -1 - 257 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2706-2024 (O&M) DECIDED ON: 14.07.2025 SANJIV KUMAR .....PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL. Present: Ms. Pragya, Advocate for the petitioner. Mr. Sandeep Singh, AAG, Punjab. ***** SANDEEP MOUDGIL, J (ORAL) 1. The present petition has been filed against the judgment and order dated 11.06.2019, passed by the learned Sub Divisional Judicial Magistrate, Samana, whereby the petitioner has been convicted for the commission of offence under Sections 304-A of IPC and 279 of IPC as well as judgment dated 05.12.2024, passed by the learned Addl. Sessions Judge, Patiala, whereby appeal of the present petitioner has been dismissed. 2. Custody certificate filed by learned State Counsel is taken on record. 3. At the very outset, learned counsel for the petitioner contends that he does not want to challenge the conviction of the petitioner on merits. However, she submits that in view of the circumstances of the case, the sentence awarded by the trial Court is on higher side. 4. Here it would be pertinent to mention that the petitioner did not challenge their conviction on merits and only confined his relief qua quantum of Anuradha sentence. This Court has also scrutinized the impugned judgment as well as the 2025.07.14 06:21 I attest to the accuracy and integrity of this document CRR-2706-2024 -2 - relevant documents/evidence and is of the considered view that there is no scope for any interference in impugned judgment as far as the conviction of the petitioner is concerned. As such, the conviction of the petitioner is upheld. 5. As far as quantum of sentence is concerned, there are mitigating circumstances to take a lenient view in the matter of sentence awarded by the trial court. The petitioner has undergone the actual sentence of 7 months and 6 days out of total substantive sentence of 2 year as of now, as per the custody certificate of the petitioner filed by learned State counsel in Court today. Thus, this court is of the considered view that a chance be given to the petitioner to reform & improve themselves; to become a good citizen; and to lead a peaceful & harmonious life. 6. Taking into consideration the above narrated discussion as well as the fact that the petitioner have not challenged his conviction on merits, while affirming their conviction, the order of sentence is modified to the extent to the period already undergone by them with no change in fine clause. 7. With the aforesaid modification in the quantum of sentence, the present revision petition stands dismissed. 8. The petitioner is ordered to be released forthwith in case he is not required in any other case. 9. The pending criminal misc. applications stands disposed off, as having been rendered infructuous. (SANDEEP MOUDGIL) 14.07.2025 JUDGE anuradha/sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.07.14 06:21 I attest to the accuracy and integrity of this document