Roshan Ali vs State of Haryana

Viney Mittal, J.—The present petition has been filed by petitioner - Roshan Ali challenging the judgment dated April 1, 1991 passed by the learned Additional Sessions Judge, Jagadhri, whereby the appeal filed by the petitioner against the judgment dated May 20, 1989 and order dated May 23, 1989 passed by the learned Judicial Magistrate Ist Class, Jagadhri has been dismissed and the conviction of the petitioner and sentence imposed upon him by the learned trial Magistrate was upheld.

At the outset Shri A.K. Ahluwalia, learned counsel appearing for the petitioner submits that he does not wish to make any submission with regard to the conviction awarded to the petitioner but would confine his prayer with regard to the sentence awarded to the petitioner.

Even otherwise also, I find that the prosecution has been able to prove the guilt of accused beyond all reasonable doubts. The petitioner was working as a conductor and while performing his duties, he had not deposited the amount of Rs. 8999.25 P. which he has received by way of sale of tickets and the price of unsold tickets.

In these circumstances, Shri A.K. Ahluwalia, learned counsel appearing for the petitioner submits that the petitioner has already been dismissed from the service. The aforesaid offence had been committed by him while he was working in Haryana Roadways on February 20, 1981. According to the leaned counsel, the petitioner has already suffered a long and protracted proceedings for a period of more than 21 years. It is further pointed out by the leaned counsel for the petitioner that in pursuance of the conviction recorded by the learned trial Magistrate and upheld by the learned Additional Sessions Judge, the petitioner has already been dismissed from service. In these circumstances, it is submitted that a lenient view may be taken in the matter and the petitioner may be ordered to be released on probation.

I have given my thoughtful consideration to the entire matter and in my considered opinion, the petitioner has already suffered a long and protracted criminal proceedings for a period of more than 21 years. The present petition has also remained pending in this Court for more than 11 years. The petitioner was granted bail by this Court vide order dated April 30, 1991.

In these circumstances, the sentence of imprisonment imposed upon the petitioner is reduced to that already undergone by him but I enhance the fine imposed upon the petitioner to Rs. 10,000/-. The aforesaid fine shall be deposited by the petitioner within a period of four months from today. If the petitioner fails to make the payment of fine as aforesaid, then in default, the petitioner shall undergo rigorous imprisonment for a period of one year.