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2025 DAILYLAW 37656 (PNJ)

ASLAM AND ORS. v. STATE OF HARYANA

CRR/948/2007 · 2025-05-09

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 203 CRR-948-2007 (O&M) Date of Decision.:09.05.2025 Aslam and Others …..Pe22oners Vs. State of Haryana .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None. **** DEEPAK GUPTA, J. (ORAL) Peoners Aslam, Talha, Tahir and Khalil were tried by Ld. Judicial Magistrate 1st Class, Ferozepur Jhirka in a case arising out of FIR No.145 dated 02.08.1994 under Secon 325 and 34 of the IPC registered at Police Staon Punhana. A3er trial, the peoners were convicted under Secon 325 of the IPC vide judgment dated 28.09.2006 by the trial Court and were sentenced to undergo rigorous imprisonment for a maximum period of one year each and to pay fine of ₹500/- each with default sentence of 15 days simple imprisonment each in case of non-payment of fine. On appeal, the judgment of convicon and order of sentence were upheld by the Court of learned Addional Sessions Judge, Fast Tract Court, Gurgaon vide judgment dated 16.05.2007. 2. Against the abovesaid convicon and sentence, this revision peon was filed. 3. Today nobody is appearing on behalf of the peoners. This Court has gone through the impugned judgments of the Courts below and finds that convicon has been recorded a3er 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 maintained. NEETIKA TUTEJA 2025.05.09 13:17 I attest to the accuracy and integrity of this document CRR-948-2007 (O&M) -2- 4. However as far as the impugned order of sentence is concerned it is noced that peoners were sentenced to undergo rigorous imprisonment for a maximum period of one year each and to pay fine of ₹500/- each with default sentence of 15 days simple imprisonment each in case of non-payment of fine. 5. The order dated 31.05.2007, whereby sentence of the peoners have suspended would reveal that peoners have already undergone 16 days of sentence a3er their convicon. The offence had taken place way back in 1994 i.e. 31 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 peoners, instead of sending them behind bars in the company of hardened criminals. 7. Consequently, the present revision 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 peoners are sentenced to imprisonment for the period already undergone by them. 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 peoners will have to carry out the complete sentence as imposed by the trial Court. Disposed of. ( DEEPAK GUPTA ) JUDGE May 09, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.05.09 13:17 I attest to the accuracy and integrity of this document