Mohd. Anwar and another vs State of Haryana

Hari Pal Verma, J. (Oral) - The petitioners, namely, Mohd. Anwar and Faijan have filed the present revision petition against judgment dated 18.2.2016 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri whereby the criminal appeal No.136 of 2013 filed by them along with co-accused Mohd. Gulfan and Mohd. Istakar as well as criminal appeal No.101 of 2013 filed by other co-accused against judgment of conviction dated 2.2.2013 and order of sentence dated 4.2.2013 passed by learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, were dismissed.

At the outset, learned counsel for the petitioners contends he does not challenge the present petition on merits and restricts his arguments qua the quantum of sentence only. He further prays that since this Court vide order dated 13.5.2016 passed in CRR No. 840 of 2016 titled as Mohd. Aslam and others v. State of Haryana has already reduced the sentence of other co-accused to the period already undergone by them, the sentence awarded to the petitioners in this case be also reduced to the period already undergone by them.

Notice of motion.

On asking of the Court, Mr. Manish Bansal, DAG, Haryana accepts notice of the petition and states that he has no objection in case the present petition is also decided in terms of order dated 13.5.2016 passed in CRR No.840 of 2016 titled as Mohd. Aslam and others v. State of Haryana.

I have heard learned counsel for the parties. Since the present revision petition has also arisen from the same case bearing FIR No.109 dated 21.4.2008 under Section 4-B/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 registered at Police Station Sadar Yamuna Nagar and keeping in view the prayer made by learned counsel for the petitioner, the present petition is also dismissed with modification in the order of sentence in terms of order dated 13.5.2016 passed in CRR No.840 of 2016 titled as Mohd. Aslam and others v. State of Haryana.

Accordingly, while maintaining conviction of the petitioners, it is directed that the sentence awarded to them shall be reduced to the period already undergone by them subject to their payment of cost of RS. 9,000/- each to be deposited at Shri Gaushala Committee (Regd.), Jagadhri. However, the sentence of fine imposed by the trial Court and affirmed by the appellate Court shall remain intact. The petitioners be released forthwith, if not required in any other case after payment of cost as well as the fine, if not paid so far.