S. No.203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRR No.369 of 2011 (O&M) Date of Decision:20.08.2025 Sulekh Sharma and another .....Petitioners Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Manuj Nagrath, Advocate for the petitioners. Mr. G.S. Dhaliwal, AAG, Punjab. **** Yashvir Singh Rathor, J. (Oral) Peoners have been convicted by the Court of learned Judicial Magis- trate Ist Class, Anandpur Sahib vide judgment dated 24.11.2009 under Secon 420 IPC in case arising out of FIR No.7 dated 27.01.2002 registered at Police Staon Nangal. Peoner - Sulekh Sharma was found in possession of currency notes worth Rs.260/- (including the numbered currency notes of Rs.10/-) from his hands and three ckets of Raj Laxmi Sandhaya, three ckets of Raj Shri Supper dated 23.12.2001 (i.e. of expired date) were recovered from his pant’s pocket. There- a6er, from the hand of accused- Raj Kumar, lo8ery cket of Raj Shri Noon dated 23.12.2001 was recovered. They were sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of ₹1,000/- each. In default of payment of fine, they were sentenced to undergo three months’ rigorous imprisonment vide order dated 24.11.2009. Appeal filed by them was dismissed by the appellate court on 1.2.2011. On the same date, the peoners – convicts were ordered to be taken into custody and to carry out the sentence. RENU 2025.08.21 15:57 I attest to the accuracy and integrity of this document Chandigarh CRR No.369 of 2011 (O&M) -2- 2. Against the afore-said convicon and sentence, this revision was filed way- back in February, 2011. Peoners were directed to be released on bail vide order dated 31.03.2011. 3. Today learned counsel for the peoners stated at the outset that peoners do not press the revision against the judgment of convicon and that peoners confine their prayer only against order of sentence. It is submi8ed that peoners will be sasfied, in case they are sentenced to imprisonment for the period already undergone by them. 4. Learned counsel points out that offence pertains to the year 2002; that peoners were young persons at that me; that peoners have already undergone sentence of 02 months and 04 days and are not involved in any other case and so, they may be sentenced to the imprisonment for the period already undergone by them. 5. Learned State counsel has opposed the aforesaid prayer. 6. The custody cerficate placed on record by the respondent-State re- veals that peoners have already undergone sentence of 02 months and 04 days. They were young persons at the me of offence, which had taken place way back in 2002 i.e. 23 years back and they are facing the agony of trial since then. In the aforesaid facts and circumstances, it will be in the interest of jusce, if the pe- riod of imprisonment is reduced to the period already undergone by the peon- ers, instead of sending them behind bars in the company of hardened criminals. RENU 2025.08.21 15:57 I attest to the accuracy and integrity of this document Chandigarh CRR No.369 of 2011 (O&M) -3- 7. Consequently, the present revision is dismissed but the order of sen- tence as passed by the trial Court is modified and the peoners are sentenced to imprisonment for the period already undergone by them. Disposed of. (Yashvir Singh Rathor) Judge August 20, 2025 renu Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.08.21 15:57 I attest to the accuracy and integrity of this document Chandigarh