Surinder Kumar vs The State of Haryana

Alok Singh, J.—Petitioner was found guilty under Sections 420/471 of the Indian Penal Code by the learned Trial Court and was sentenced to imprisonment as under:

(i) Simple imprisonment for a period of one year and fine of Rs. 500/-, and in default of payment of fine to further undergo simple imprisonment for a period of three months, for the commission of offence u/s 420 IPC.

(ii) Simple imprisonment for a period of one year and fine of Rs. 500/-and in default of payment of fine to further undergo simple imprisonment for a period of three months, for the commission of offence u/s 471 IPC.

Both the sentences were ordered to run concurrently. The appeal preferred by the accused/Petitioner was dismissed and the order of the learned Trial Court was affirmed by the learned Appellate Court/Additional Sessions Judge, Karnal, vide judgment dated 13.12.2010.

Learned Counsel for the Petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 420/471 IPC. Learned Counsel has argued that this Court may enhance the compensation/fine and may consider to release the accused on probation since Petitioner is first time offender.

Mr. Jaspreet Singh, AAG, Punjab, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him.

I have heard learned Counsel for the parties and have perused the record.

Since revisionist has used the fabricated and false certificate to get the police service, therefore, I am not inclined to release him on probation. However, no useful purpose would be served by keeping the accused/Petitioner in the company of hardcore criminals; reducing the sentence for the period already undergone and enhancing the fine to be paid to the State Legal Authority, Haryana, seems to be best option. Petitioner has already undergone imprisonment for more than one month. Petitioner has five minor children and 90 years old father to look after. Therefore, sentence awarded by the Court below is reduced for the period already undergone in the present case. However, fine imposed upon the Petitioner is enhanced to Rs. 25,000/-over and above the fine already imposed by the Trial Court. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the State Legal Authority. It is made clear that in case enhanced amount of fine is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and Petitioner shall be taken into custody to serve remaining sentence.

With above mentioned modification in the matter of sentence, this revision petition stands disposed of.