CRR No.3568 of 2016 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRR No.3568 of 2016 (OM)
Date of decision: 18.03.2017
State of Punjab
CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. Rituraj Singh, Advocate
for Mr. K.B.S. Mann, Advocate
for the petitioner.
Mr. Ankur Jain, AAG, Punjab.
Mr. Sanjiv Gupta, Advocate
for the complainant.
REKHA MITTAL J.
Baljinder Singh son of Isher Singh faced trial for
commission of offence punishable under Sections 498-A and 406 of the
Indian Penal Code (in short ‘IPC’) in FIR No.86 dated 07.07.2009
registered at Police Station Sadar, Malout.
The learned trial Court on 21.12.2015 convicted and
sentenced the petitioner for commission of offence punishable under
Section 406 IPC and he was sentenced to rigorous imprisonment for a
period of 02 years and fine of Rs.1,000/-.
The petitioner filed an appeal but remained unsuccessful.
Conviction and sentence of the petitioner for offence under Section 406
IPC was affirmed with slight modification that he was directed to
undergo rigorous imprisonment for 15 days in default of payment of
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CRR No.3568 of 2016 (OM) 2
On 29.11.2016, notice was issued on the question of
quantum of sentence.
Counsel for the petitioner has submitted that the petitioner
has already suffered custody for a period of about 08 months who
otherwise faced the criminal proceedings for the past about 08 years.
The petitioner is ready to pay a reasonable amount of compensation to
the complainant. He prays that substantive sentence may be reduced to
the period already undergone.
Counsel for the State assisted by counsel for the
complainant has seriously opposed the prayer for reduction in sentence.
However, counsel for the complainant would submit that the petitioner
is liable to compensate the complainant as he is guilty of mis-
appropriating articles of Istridhan belonging to her.
I have heard counsel for the petitioner and persued the
Concededly, the petitioner is behind the bars for the past
about 08 months. Keeping the petitioner behind the bars for a period of
02 years to complete the sentence may not serve any useful purpose as
his wife who has suffered is required to be compensated.
Taking into consideration totality of the facts and
circumstances obtaining in the case, it is ordered that sentence of the
petitioner shall be reduced to imprisonment for a period of 11 months
provided he deposits an amount of Rs.1,00,000/- in the Court of learned
Chief Judicial Magistrate, Muktsar Sahib, within a period of one month.
In case the amount of Rs.1,00,000/- is not deposited within the
stipulated period, no benefit of reduction of sentence shall accrue in
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CRR No.3568 of 2016 (OM) 3
favour of the petitioner. The amount of Rs.1,00,000/-, if any, deposited
by the petitioner shall be disbursed to the complainant – wife by Chief
Judicial Magistrate, Muktsar Sahib.
With modification in the aforesaid terms, the instant
petition stands disposed of.
(REKHA MITTAL) JUDGE 18.03.2017 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3 of 3 ::: Downloaded on - 25-03-2017 13:33:42 :::