Baljit Singh @ Bitla vs State of Punjab

Daya Chaudhary, J.

Crl. Misc. No. 34502 of 2013

There is a delay of 156 days in filing the present revision petition.

For the reasons mentioned in the application, the delay of 156 days in filing the present revision petition is condoned.

Criminal Misc. Application is accordingly disposed of.

Crl. Rev. No. 2363 of 2013

Learned counsel for the petitioner submits that although he has good case on merits but he has restricted his argument only qua quantum of sentence. Learned counsel also submits that in case, the sentence of the petitioner is reduced to the period already undergone, he will not contest the conviction as the petitioner has faced the agony of trial since registration of FIR i.e. 18.07.2001 and he is not a habitual offender.

Learned State counsel has filed the custody certificate in the Court today and the same is taken on record.

As per custody certificate, the petitioner has already undergone more than one year of actual sentence against the total sentence of three years and as such, the custody period of the petitioner has not been disputed.

Heard the arguments of learned counsel for the petitioner as well as learned counsel for the respondent-State.

The petitioner is facing trial in case FIR No. 61 dated 18.07.2001 under Sections 406/ 420/ 120-B IPC and Section 7 of the Essential Commodities Act, 1955. He was convicted by the trial Court vide judgment dated 13.09.2011 for offence u/s 406 IPC and also u/s 7 of the Essential Commodities Act but was acquitted of the charge for offence u/s 420 IPC and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- and in default thereof to further undergo rigorous imprisonment of six months for offence u/s 406 IPC and for offence u/s 7 of the Essential Commodities Act, 1955, he was to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- with default clause.

Aggrieved by the judgment of conviction and order of sentence dated 13.09.2011 passed by the Judicial Magistrate 1st Class, Moga, the petitioner filed an appeal before the Sessions Judge, Moga which was also dismissed and the judgment of trial Court was upheld.

The petitioner, after losing his case before both the Courts below, has filed the present revision petition.

At the very outset, learned counsel for the petitioner has prayed that in case, the sentence of the petitioner is reduced to the period already undergone, he would not contest the conviction on the ground that the petitioner is not a habitual offender and also there is no other case pending against him and is having no criminal background. Moreover, he has faced the agony of trial since registration of FIR i.e. 18.07.2001.

Keeping in view the submissions made by learned counsel for the petitioner that the petitioner is facing the agony of trial since registration of FIR and there is no other case pending against him, the conviction is upheld but the sentence is reduced to the period already undergone. The present petition is disposed of with the said modification in the order of sentence. However, the sentence of fine shall remain the same. The petitioner is directed to be released forthwith, if not required in any other case.