Partly allowed

Malvinder Singh etc. v. State of Hy.

Punjab & Haryana HC19 Feb 2010CRR/2088/2004

Case brief

AI extract

What is this about?

High Court extended leniency in quantum of sentence for first-time offenders, granting probation under Section 4(1) of Probation of Offenders Act, converting fines to costs, and directing compensation deposit.

What did the court decide?

Released on probation under Section 4(1) of Probation of Offenders Act; fine converted to litigation costs; directed to deposit Rs.6,000/- each as compensation.

Malvinder Singh etc. Vs State of Hy. — Service and Employment | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Revision No.2088 of 2004 Date of Decision 19.02.2010

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Malvinder Singh and others

...... Petitioner(s)

VERSUS

State of Haryana

...... Respondent(s)

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

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Present: Mr.Baljinder Singh, Advocate, for Mr.K.S.Dhaliwal, Advocate, for the petitioners.

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Mr.Rajiv Malhotra, Addl. Advocate General, Haryana.

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A.N.JINDAL, J(ORAL):

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The petitioners have assailed the judgment dated 08.10.2004, passed by Addl. Sessions Judge, Fast Track Court, Kurukshetra, dismissing their appeal against the judgment dated 24.04.2002, passed by Sub Divisional Judicial Magistrate, Pehowa, convicting and sentencing them to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs.500/- each under Section 323 IPC, rigorous imprisonment for a period of 2 years and to pay a fine of Rs.2,000/- each under Section 325 IPC and rigorous imprisonment for a period of 6 months and to pay a sum of Rs.1500/- each under Section 148 IPC.

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Allegations against the petitioners were that they armed with Kassi, gandasi and lathis caused injuries to Kulwant Singh and Iqbal Singh. They were charged, tried, convicted and sentenced accordingly. Their appeal also failed.

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Without assailing the judgment of conviction, learned counsel for the petitioners has urged for extending some leniency on the quantum of sentence.

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Even otherwise, on scrutiny of the impugned judgment, no such illegality much less irregularity was found or detected which may render the

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Criminal Revision No.2088 of 2004 -2-

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judgment as invalid, therefore, the findings returned by the Courts below regarding conviction stand affirmed. Now coming to the quantum of sentence, it is noticed that the occurrence took place way back in the year 1995. The petitioners have already suffered a lot of agony due to protracted proceedings pending in the Courts. Custody certificate, produced by learned State counsel, reveals that the petitioners have already undergone 1 month and 21 days of the substantive sentence. Admittedly, they are the first offenders. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence.

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Under these circumstances, this petition is dismissed with the modification in the sentence to the extent that they be released on probation under Section 4 (1) of the Probation of Offenders Act, 1956 on their executing a bond in the sum of Rs.10,000/- with one surety in the like amount each, to the satisfaction of the Chief Judicial Magistrate, Kurukshetra, for a period of one year within which period they shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, they will be ready to serve sentence as and when called for. However, the fine is converted into costs of litigation and they are further directed to deposit a sum of Rs.6,000/- each as compensation before the Chief Judicial Magistrate, Kurukshetra, which would be paid to the injured Kulwant Singh and Iqbal Singh in equal shares.

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Copy of the order be sent to the Chief Judicial Magistrate, Kurukshetra, for compliance.

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19.02.2010 mamta-II

Malvinder Singh etc. v. State of Hy.

Case brief

What is this about?

What did the court decide?

Malvinder Singh etc. v. State of Hy.

Case brief

What is this about?

What did the court decide?

What the court decided

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