IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 201 CRR-1953-2010 (O&M) Date of Decision:-02.05.2025 PREM SINGH AND ORS …..Pe,,oners Vs. STATE OF PUNJAB ….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Proxy counsel for Mr. Balram Singh, Advocate for the peoner. Mr. Animesh Sharma, Addl. AG, Punjab. **** DEEPAK GUPTA, J. (ORAL) Peoners were tried by Ld. Sub Divisonal Judicial Magistrate, Balachaur (Nawanshehar) in a case arising out of FIR No.62 dated 23.04.2003 under Secons 353, 332, 186, 379 and 411 IPC registered at Police Staon Balachaur. A9er trial, the peoners were convicted under Secon 332 IPC vide judgment dated 17.01.2009 by the trial Court and were sentenced to undergo rigorous imprisonment for a period of one year each and to pay fine of ₹200/- each with default sentence of 07 days each respecvely, rigorous imprisonments in case of non-payment of fine. 2. Against the abovesaid convicon and sentence, this revision was filed. 3. Today learned counsel for the peoners stated at the outset that peoners do not press the peon against the judgment of convicon; and that peoners confine their prayer only against order of sentence. It is submi?ed that petoners would be sasfied, in case they are sentenced to imprisonment for the period already undergone by him. 4. Learned counsel points out that offence pertains to the year 2003; that peoners have already undergone actual sentence of 03 months and 11 days and they are not involved in any other case and so, they deserve to be sentenced for the period already undergone by them. PRIYANKA 2025.05.03 15:32 I attest to the accuracy and integrity of this document CRR-1953-2010 (O&M) 5. Learned State counsel has not seriously objected to the aforesaid prayer. 6. The custody cerficate placed on record by the respondent- State would reveal that peoners-Prem Singh, Nand Lal, Siriya and Gogi have already undergone actual sentence of 03 months and 11 days. It is revealed further that they have no criminal antecedents. Peoner No.1- Prem Singh was of 49 years, peoner No.2-Nand Lal was 46 years, peoner No.3-Siriya was of 39 years and peoner No.4-Gogi was of 39 years of age at the me of offence, which had taken place way back in the year 2003 i.e. 22 years back. 7. 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. 8. Consequently, the present revision 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. As far as fine is concerned, it will remain same. 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 peoners will have to carry out the complete sentence as imposed by the trail Court. Disposed of. ( DEEPAK GUPTA ) JUDGE May 02, 2025 Pry Whether Speaking/reasoned Yes Whether Reportable No PRIYANKA 2025.05.03 15:32 I attest to the accuracy and integrity of this document