IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 203 CRR-2893-2011 (O&M) Date of Decision.:29.04.2025 Varinder Kumar …..Pe33oner Vs. State of Punjab .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ashok Giri, Advocate for the peoner. Mr. R.K. Takkar, DAG, Punjab. **** DEEPAK GUPTA, J. (ORAL) Peoner Varinder Kumar was tried by Ld. Addional Chief Judicial Magistrate, Jalandhar in a case arising out of FIR No.97 dated 01.11.2004 under Secons 279 and 304-A of the IPC registered at Police Staon Jalandhar, Can6. A7er trial, the peoner was convicted under Secons 279 and 304-A of the IPC vide judgment dated 15.02.2011 by the trial Court as under: Under Sec3on Imprisonment 279 of IPC RI for a period of six months and to pay fine of `500/- and in default payment of fine, further undergo RI for one month. 304-A of IPC RI for a period of one year and to pay fine of `1,000/- and in default payment of fine, further undergo RI for two months. Both the sentences were directed to run concurrently. 2. Against the abovesaid convicon and sentence, this revision peon was filed. NEETIKA TUTEJA 2025.04.29 17:02 I attest to the accuracy and integrity of this document CRR-2893-2011 (O&M) -2- 3. Today learned counsel for the peoner stated at the outset that peoner does not press the peon against the judgment of convicon; and that peoner confines their prayer only against order of sentence. It is submi6ed that peoner would be sasfied, in case he is sentenced to imprisonment for the period already undergone by him. 4. Learned counsel points out that offence pertains to the year 2004; that peoner has already undergone actual sentence of 08 months and 29 days and is not involved in any other case and so, he deserves to be sentenced for the period already undergone by him. 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 peoner Varinder Kumar has already undergone actual sentence of 08 months and 29 days. It is revealed further that he has no criminal antecedents. Nothing has been brought on record to suggest that a7er his convicon, peoner has been involved in any other case. 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 peoner, instead of sending them behind bars in the company of hardened criminals. 8. 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 peoner Varinder Kumar is sentenced to imprisonment for the period already undergone by him. 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 NEETIKA TUTEJA 2025.04.29 17:02 I attest to the accuracy and integrity of this document CRR-2893-2011 (O&M) -3- peoner will have to carry out the complete sentence as imposed by the trial Court. Disposed of. ( DEEPAK GUPTA ) JUDGE April 29, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.04.29 17:02 I attest to the accuracy and integrity of this document