Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 42964 (PNJ)

KULDEEP SINGH v. STATE OF HARYANA

CRR/2646/2009 · 2025-09-15

Manjari Nehru Kaul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB & HARYANA 204 KULDEEP SINGH STATE OF HARYANA CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. judgment of conviction/order of sentence dated learned Judicial Magistrate Ist Class, 22.12.1997 under Sections registered at Police Station sentencing the petitioner, which judgment was upheld by the learned Additional Sessions Judge, 2. follows:- Offence(s) under Section 420 IPC 471 IPC 2A. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR-2646 Date of decision: KULDEEP SINGH Versus HARYANA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Ms. Varuna Singla, Advocate for the petitioner. Mr. G.S. Chhina, Sr. DAG, Haryana MANJARI NEHRU KAUL, J. (ORAL) The instant revision petition has been preferred against the judgment of conviction/order of sentence dated learned Judicial Magistrate Ist Class, Rohtak under Sections 420/465/468/471 registered at Police Station Civil Line, District sentencing the petitioner, which judgment was upheld by the learned Additional Sessions Judge, Rohtak, on 17.09.2009 The petitioner was sentenced t Offence(s) under Section Period of sentence Fine imposed RI for 2 years Rs.1,000/- RI for 2 years - Both the sentences were ordered to be run concurrently. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 2646-2009 Date of decision: September 15, 2025 ...Petitioner ...Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Chhina, Sr. DAG, Haryana. The instant revision petition has been preferred against the judgment of conviction/order of sentence dated 16.01.2007 passed by Rohtak, in case FIR No.930 dated of the Indian Penal Code, 1860, , District Rohtak, convicting and sentencing the petitioner, which judgment was upheld by the learned 17.09.2009. The petitioner was sentenced to undergo imprisonment as Period of sentence in default of payment of fine RI for 15 days - were ordered to be run concurrently. , 2025 ...Petitioner ...Respondent The instant revision petition has been preferred against the passed by dated , , convicting and sentencing the petitioner, which judgment was upheld by the learned o undergo imprisonment as Jaspreet Kaur 2025.09.16 10:24 I attest to the accuracy and integrity of this document Chandigarh CRR-2646-2009 3. conceded that in view of the concurrent findings recorded by the learned Trial Court and learned Appellate Court, conviction of the petitioner on m the quantum of sentence. It is urged that the 1997, and the petitioner 6 months and the ordeal of protracted criminal proceedings, is a peace abiding citizen, and has no other criminal antecedents. On these premises, learned counsel pleads for a lenient view, contendi would be served by subjecting the petitioner to further incarceration. 4. reduction of sentence. W recorded against th for no interference. However, the learned State counsel is unable to dispute that subsequent to the maintained good conduct and has not been invol activity. He has also placed on record custody certificate of the petitioner the Court today 5. relevant material on record. 6. enumerated hereinabove, particularly the circumstance that the 2009 Learned counsel for the petitioner has, at the very outset, fairly conceded that in view of the concurrent findings recorded by the learned Trial Court and learned Appellate Court, he conviction of the petitioner on merits. His submission is confined solely to the quantum of sentence. It is urged that the and the petitioner has already undergone incarceration for a period of months and 5 days. It is further submitted that the petitioner has endured the ordeal of protracted criminal proceedings, is a peace abiding citizen, and has no other criminal antecedents. On these premises, learned counsel pleads for a lenient view, contendi would be served by subjecting the petitioner to further incarceration. Per contra, learned State counsel has opposed the p reduction of sentence. While drawing attention to the concurrent findings recorded against the petitioner, it has been submitted that the conviction calls for no interference. However, the learned State counsel is unable to dispute that subsequent to the occurrence of the year maintained good conduct and has not been invol He has also placed on record custody certificate of the petitioner the Court today. I have heard learned counsel for the parties and perused the relevant material on record. In the considered view of this Cour enumerated hereinabove, particularly the circumstance that the -2- Learned counsel for the petitioner has, at the very outset, fairly conceded that in view of the concurrent findings recorded by the learned he does not intend to assail the submission is confined solely to the quantum of sentence. It is urged that the incident pertains to the year has already undergone incarceration for a period of It is further submitted that the petitioner has endured the ordeal of protracted criminal proceedings, is a peace-loving and law- abiding citizen, and has no other criminal antecedents. On these premises, learned counsel pleads for a lenient view, contending that no useful purpose would be served by subjecting the petitioner to further incarceration. , learned State counsel has opposed the prayer for hile drawing attention to the concurrent findings e petitioner, it has been submitted that the conviction calls for no interference. However, the learned State counsel is unable to dispute of the year 1997, the petitioner has maintained good conduct and has not been involved in any other criminal He has also placed on record custody certificate of the petitioner in I have heard learned counsel for the parties and perused the In the considered view of this Court, having regard to the facts enumerated hereinabove, particularly the circumstance that the incident Learned counsel for the petitioner has, at the very outset, fairly conceded that in view of the concurrent findings recorded by the learned does not intend to assail the submission is confined solely to pertains to the year has already undergone incarceration for a period of It is further submitted that the petitioner has endured - abiding citizen, and has no other criminal antecedents. On these premises, ng that no useful purpose rayer for hile drawing attention to the concurrent findings e petitioner, it has been submitted that the conviction calls for no interference. However, the learned State counsel is unable to dispute the petitioner has ved in any other criminal in I have heard learned counsel for the parties and perused the t, having regard to the facts Jaspreet Kaur 2025.09.16 10:24 I attest to the accuracy and integrity of this document Chandigarh CRR-2646-2009 pertains to the year learned State counsel, that the petitioner has not indulged in any other criminal act thereafter law-abiding life, it would not be appropria this stage of life, especially when he has already borne the brunt of prolonged trial proceedings. 7. adequately met if, while upholding the conviction of the pet substantive sentence of rigorous imprisonment for a period of reduced to the period already undergone i.e. 8. 9. Rs.5,000/- to be deposited with the within one month from the date of this order. It is made clear that in the event of non- today, the benefit of reduction of sente and he shall be required to undergo the remaining part of the sentence awarded to him 10. enhancement in fine September 15 Jaspreet Kaur 2009 the year 1997, and taking note of the fact learned State counsel, that the petitioner has not indulged in any other criminal act thereafter, and has otherwise been leading a disciplined and abiding life, it would not be appropriate to send him back to prison at this stage of life, especially when he has already borne the brunt of prolonged trial proceedings. In the totality of circumstances, ends of justice would be adequately met if, while upholding the conviction of the pet substantive sentence of rigorous imprisonment for a period of reduced to the period already undergone i.e. 6 Ordered accordingly. However the fine imposed is enhanced from Rs. to be deposited with the Haryana within one month from the date of this order. It is made clear that in the -deposit of the enhanced fine within a period of one month from today, the benefit of reduction of sentence shall not accrue to the petitioner, shall be required to undergo the remaining part of the sentence him. With the aforesaid modification in the quantum of sentence enhancement in fine, the instant revision petition stands dis September 15, 2025 Whether speaking/reasoned Whether reportable -3- and taking note of the fact – undisputed by the learned State counsel, that the petitioner has not indulged in any other and has otherwise been leading a disciplined and te to send him back to prison at this stage of life, especially when he has already borne the brunt of In the totality of circumstances, ends of justice would be adequately met if, while upholding the conviction of the petitioner, his substantive sentence of rigorous imprisonment for a period of two years is 6 months and 5 days. However the fine imposed is enhanced from Rs.1,000/- to Haryana State Legal Services Authority within one month from the date of this order. It is made clear that in the deposit of the enhanced fine within a period of one month from nce shall not accrue to the petitioner, shall be required to undergo the remaining part of the sentence With the aforesaid modification in the quantum of sentence and , the instant revision petition stands disposed of. (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No by the learned State counsel, that the petitioner has not indulged in any other and has otherwise been leading a disciplined and te to send him back to prison at this stage of life, especially when he has already borne the brunt of In the totality of circumstances, ends of justice would be itioner, his years is to State Legal Services Authority within one month from the date of this order. It is made clear that in the deposit of the enhanced fine within a period of one month from nce shall not accrue to the petitioner, shall be required to undergo the remaining part of the sentence and Jaspreet Kaur 2025.09.16 10:24 I attest to the accuracy and integrity of this document Chandigarh