IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 201 (a) CRA-S-456-SB-2005 Date of Decision.:12.05.2025 Ranbir Singh …..Appellant Vs. State of U.T., Chandigarh .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. G.B.S. Gill, Advocate for the appellant. Mr. Arav Gupta, APP for U.T., Chandigarh. **** DEEPAK GUPTA, J. (ORAL) Appellant Ranbir Singh was tried by Ld. Addi&onal Sessions Judge, Chandigarh in a case arising out of FIR No.256 dated 31.08.2001 under Sec&ons 455, 392, 397, 342, 411 and 34 of the IPC registered at Police Sta&on Sector-36, Chandigarh. A5er trial, the appellant was convicted under Sec&ons 392 and 455 of the IPC vide judgment dated 14.02.2005 by the trial Court and was sentenced to undergo maximum sentence for three years rigorous imprisonment and to pay fine of ₹5,000/- with default sentence of 06 months rigorous imprisonment in case of non- payment of fine. 2. Against the abovesaid convic&on and sentence, this appeal was filed. 3. Today learned counsel for the appellant stated at the outset that appellant does not press the appeal against the judgment of convic&on; and that appellant confines their prayer only against order of sentence. It is submi=ed that appellant would be sa&sfied, in case he is sentenced to imprisonment for the period already undergone by him. 4. Learned counsel points out that offence pertains to the year 2001; that appellant has already undergone actual sentence of 04 months NEETIKA TUTEJA 2025.05.13 12:41 I attest to the accuracy and integrity of this document CRA-S-456-SB-2005 -2- and 27 days and is not involved in any other case and so, he deserves to be sentenced for the period already undergone by him. 5. Learned State counsel has not seriously objected to the aforesaid prayer. 6. The custody cer&ficate placed on record by the respondent- State would reveal that appellant has already undergone actual sentence of 04 months and 27 days. It is revealed further that he has no criminal antecedents. Nothing has been brought on record to suggest that a5er their convic&on, appellant have been involved in any other case. 7. In the aforesaid facts and circumstances, it will be in the interest of jus&ce, if the period of imprisonment is reduced to the period already undergone by the appellant, instead of sending him behind bars in the company of hardened criminals. 8. Consequently, the present appeal is partly accepted. By maintaining the impugned judgment against convic&on, the order of sentence as passed by the trial Court is modified and the appellant is sentenced to imprisonment for the period already undergone by him. 9. However, it is made clear that amount of fine, if not paid earlier, shall be deposited before learned Chief Judicial Magistrate concerned, within a period of four weeks’ from today, failing which the appellant will have to carry out the complete sentence as imposed by the trial Court. Disposed of. ( DEEPAK GUPTA ) JUDGE May 12, 2025 Nee&ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.13 12:41 I attest to the accuracy and integrity of this document