Gurpreet Singh vs State of Punjab

Nirmaljit Kaur, J.—The trial Court convicted the Petitioner to undergo rigorous imprisonment for a period of one year and fine of ` 500/-under Section 411 IPC. In appeal, the Additional Sessions Judge, Bathinda upheld the conviction and dismissed the appeal. However, the Petitioner was ordered to be released on probation on his furnishing probation bonds in the sum of Rs. 20,000/-with one surety in the like amount for a period of two years with certain other conditions imposed.

Learned Counsel for the Petitioner has been heard.

The present petition is a revision petition. This Court has a limited jurisdiction. Even otherwise, it is apparent from the order dated 15.11.2008 passed by the Additional Sessions Judge, Bathinda that the Petitioner did not argue the appeal on merits. Para 8 of the same reads as under:

For today, this appeal was fixed for arguments. Appellant Gurpreet Singh suffered a statement to the effect that he does not contest the judgment of conviction dated 02.05.2008 passed by learned lower Court, but he may be heard on quantum of sentence, as he has been inadequately punished by the learned lower court. Meaning thereby he challenged only impugned order of sentence passed by learned lower court.

The impugned judgment/order passed by the Additional Sessions Judge, Bathinda releasing the Petitioner on probation for a period of two years was pronounced on 15.112008. Thereafter, two years have already passed. The probation period is over. Moreover, the revision petition has been filed after almost 364 days of unexplained delay.

In view of the above, no ground to interfere in the order dated 15.11.2008 is made out.

Accordingly, both the application, as well as, the main case are dismissed being devoid of merit.