Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 203 CRR-866-2007 (O&M) Date of Decision.: 01.07.2025 Darshan
…..Pe//oner Vs. State of Haryana
.….Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the peoner. Mr. Aman Bahri, Addl. AG, Haryana. **** DEEPAK GUPTA, J. (ORAL) Peoner Darshan was tried by Ld. Sub Divisional Judicial Magistrate, Guhla in a case arising out of FIR No.69 dated 27.06.2001 under Secon 25 of Arms Act registered at Police Staon Cheeka as he was found in possession of one pistol along with two live cartridges without any permit and licence. A4er trial, the peoner was convicted under Secon 25 of Arms Act vide judgment dated 08.07.2005 by the trial Court and was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ₹500/- with default sentence of 15 days simple imprisonment in case of non-payment of fine. On appeal, the judgment of convicon and
order of sentence were upheld by the Court of learned Sessions Judge, Kaithal vide judgment dated 03.05.2007.
2. Against the abovesaid convicon and sentence, this peon was filed.
3. Today nobody is appearing on behalf of the peoner. This Court has gone through the impugned judgment of the trial Court and finds that convicon has been recorded a4er proper appreciaon of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convicon and as such, the same is hereby NEETIKA TUTEJA 2025.07.01 18:11 I attest to the accuracy and integrity of this document
CRR-866-2007 (O&M) maintained.
4. However as far as the impugned order of sentence is concerned it is noced that peoner was sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ₹500/- with default sentence of 15 days simple imprisonment in case of non-payment of fine.
5. The custody cerficate placed on record by the respondent- State would reveal that peoner has already undergone total custody sentence of 04 months and 20 days. Offence had taken place wayback in 2001 i.e. 24 years back.
6. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoner, instead of sending him behind bars in the company of hardened criminals.
7. Consequently, the present peon is partly accepted. By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoner is sentenced to imprisonment for the period already undergone by him.
8. 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 peoner will have to carry out the complete sentence as imposed by the trial Court.
Disposed of.
( DEEPAK GUPTA ) JUDGE July 01, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.07.01 18:11 I attest to the accuracy and integrity of this document