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CRR-1667-2010(O&M) #1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRR-1667-2010(O&M) Date of Decision:-14.07.2025 Nirmal Singh. ......Petitioner. Versus The State of Punjab. ......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Chaman Lal Pawar, Advocate with Mr. Rubal Pawar, Advocate for the Petitioner. Mr. Harkanwar Jeet Singh, Assistant Advocate General, Punjab. *** JASJIT SINGH BEDI, J. (ORAL) CRM-30447-2010 Allowed as prayed for. CRR-1667-2010
The Challenge in the instant revision petition is to the judgment dated 21.04.2010 passed by Sessions Judge, Shaheed Bhagat Singh Nagar whereby the appeal filed against the judgment of conviction and order of sentence dated 07.03.2008 passed by the Sub Divisional Judicial Magistrate, Balachaur has been dismissed.
2. The FIR in the present case came to be registered on
28.07.2003. The judgment of conviction was passed on 07.03.2008 by the Sub Divisional Judicial Magistrate, Balachaur (Nawanshar). The Appeal filed against the order of conviction was dismissed on 21.04.2010 by the VINAY MAHAJAN 2025.07.15 10:54 I attest to the accuracy and integrity of this document
CRR-1667-2010(O&M) #2 Sessions Judge, Shaheed Bhagat Singh Nagar. The instant revision petition was filed on 04.06.2010 and has come up for final hearing now i.e. after a period of more than 21 years from the date of registration of the FIR.
3. Petitioner along with his co-accused faced trial in case FIR No.113 dated 28.07.2003 under Section 7 of the Essential Commodities Act, registered at Police Station Balachaur and came to be convicted and sentenced by the court of Sub Divisional Judicial Magistrate, Balachaur (Nawanshahar) vide judgment of conviction and order of sentence dated 07.03.2008 of as under:- Offence Imprisonment Fine In default of payment of fine Section 7 of Essential Commodities Act RI for 02 Years each Rs.2000/- each RI for 01 Month each
4. The accused/petitioner preferred an appeal which came to be dismissed by the Court of Sessions Judge, Shaheed Bhagat Singh Nagar vide
judgment dated 21.04.2010.
5. The aforementioned judgments are under challenge in the present revision petition.
6. During the pendency of the instant revision petition, the sentence of the accused/petitioner was suspended vide order dated
02.08.2010.
7. The Counsel for the petitioner at the very outset submits that he does not wish to challenge the conviction in the aforesaid FIR registered on 28.07.2003 and as the matter is being taken up after a period of more than 21 years, the sentence of the petitioner be reduced to the period already undergone by him.
8. The Counsel for the State on the other hand has filed custody VINAY MAHAJAN 2025.07.15 10:54 I attest to the accuracy and integrity of this document
CRR-1667-2010(O&M) #3 certificate dated 13.7.2025 in the court today, which is taken on record. He contends that the petitioner is not entitled to any concession as prayed for. He however concedes that other than the instant case there is no other case registered against the petitioner.
9. I have heard counsel for the parties.
10. A perusal of the record would reveal that the offence against the accused/petitioner stands established beyond reasonable doubt. Therefore, I find no merit in the present revision petition and the same stands dismissed.
11. As regards imposition of sentence, a perusal of the custody certificate would reveal that the accused/petitioner has undergone custody of 03 months and 25 days out of the substantive sentence of 02 years. The matter has come up for final hearing now after more than 21 years. There is no other case registered against the petitioner except the instant case.
12. Therefore, while upholding his conviction I deem it appropriate to reduce the sentence of the accused/petitioner to the period already undergone by him i.e. 03 months and 25 days. However, the sentence of fine and sentence in default thereof, shall remain intact.
13. The revision petition stand disposed of in the above terms.
( JASJIT SINGH BEDI ) JUDGE July 14, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.07.15 10:54 I attest to the accuracy and integrity of this document