Present: Mr. Satbir Rathore Advocate Vs. Nand Lal and Another ........ Petitioners - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120970
CourtPunjab and Haryana High Court
Decided OnJan-14-2014
AppellantPresent: Mr. Satbir Rathore Advocate
RespondentNand Lal and Another ........ Petitioners
Excerpt:
crl. revision no.1492 of 2013 (o&m) 1 in the high court of punjab and haryana at chandigarh -.- crl. revision no.1492 of 2013 (o&m) date of decision: 14.01.2014 nand lal and another .......petitioners versus state of punjab .......respondent coram: hon'ble mrs.justice rekha mittal -.- present: mr.satbir rathore, advocate for the petitioner mr.neeraj sharma, aag, punjab for the respondent – state -.- 1. whether reporters of local papers may be allowed to see the judgment?. 2. to be referred to the reporter or not?. 3. whether the judgment should be reported in the digest?. rekha mittal, j. the present petition has been directed against the judgment passed by the courts below, whereby the petitioners have been convicted and sentenced for commission of offence punishable under section 406 of indian penal code. counsel for the petitioners made a statement on 18.07.2013 that he does not press the revision qua conviction of the petitioners by the courts below. as a result, notice of motion was issued only in regard to quantum of sentence. counsel for the petitioner submits that nand lal petitioner no.1 has already undergone the entire sentence awarded in the case, therefore, bimbra mohan lal 2014.01.17 16:03 i attest to the accuracy and integrity of this document chandigarh crl. revision no.1492 of 2013 (o&m) 2 the revision petition preferred by him may be dismissed having been rendered infructuous. ordered accordingly. with regard to petitioner no.2 ashok kumar, it is submitted that the petitioner is more than 60 years of age and he is in custody for the last more than one year. the criminal proceedings are pending against him for the last more than 13 years.no other criminal proceedings were ever initiated against him except two cases with similar allegations of misappropriation of paddy stored at the premises of the petitioner by the punjab state warehousing corporation. it is prayed that the sentence awarded to the petitioner may be reduced. counsel for the state has not disputed factual assertions. however, he has opposed the prayer. i have heard counsel for the parties and gone through the records. the criminal proceedings were initiated against nand lal and ashok kumar as partners of m/s sachdeva traders.rajpura for embezzlement of paddy entrusted to the miller for milling. the firs.information report was lodged in july 2000. the petitioner faced trauma and agony of criminal proceedings for the last more than 13 years.there is no denial that except two cases of the similar nature in regard to misappropriation of paddy, no crime was ever reported against the petitioner. keeping in view the totality of the facts and circumstances, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of nine months. bimbra mohan lal 2014.01.17 16:03 i attest to the accuracy and integrity of this document chandigarh crl. revision no.1492 of 2013 (o&m) 3 the petition stand disposed of with modification in the aforesaid terms.(rekha mittal) judge 14.01.2014 mohan bimbra mohan lal 2014.01.17 16:03 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Crl.

Revision No.1492 of 2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl.

Revision No.1492 of 2013 (O&M) Date of decision: 14.01.2014 Nand Lal and another .......Petitioners Versus State of Punjab .......Respondent Coram: Hon'ble MRS.Justice Rekha Mittal -.- Present: Mr.Satbir Rathore, Advocate for the petitioner Mr.Neeraj Sharma, AAG, Punjab for the respondent – State -.- 1.

Whether Reporters of local papers may be allowed to see the judgment?.

2.

To be referred to the Reporter or not?.

3.

Whether the judgment should be reported in the Digest?.

Rekha Mittal, J.

The present petition has been directed against the judgment passed by the Courts below, whereby the petitioners have been convicted and sentenced for commission of offence punishable under Section 406 of Indian Penal Code.

Counsel for the petitioners made a statement on 18.07.2013 that he does not press the revision qua conviction of the petitioners by the Courts below.

As a result, notice of motion was issued only in regard to quantum of sentence.

Counsel for the petitioner submits that Nand Lal petitioner No.1 has already undergone the entire sentence awarded in the case, therefore, Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl.

Revision No.1492 of 2013 (O&M) 2 the revision petition preferred by him may be dismissed having been rendered infructuous.

Ordered accordingly.

With regard to petitioner No.2 Ashok Kumar, it is submitted that the petitioner is more than 60 years of age and he is in custody for the last more than one year.

The criminal proceedings are pending against him for the last more than 13 yeaRs.No other criminal proceedings were ever initiated against him except two cases with similar allegations of misappropriation of paddy stored at the premises of the petitioner by the Punjab State Warehousing Corporation.

It is prayed that the sentence awarded to the petitioner may be reduced.

Counsel for the State has not disputed factual assertions.

However, he has opposed the prayer.

I have heard counsel for the parties and gone through the records.

The criminal proceedings were initiated against Nand Lal and Ashok Kumar as partners of M/s Sachdeva TradeRs.Rajpura for embezzlement of paddy entrusted to the miller for milling.

The fiRs.information report was lodged in July 2000.

The petitioner faced trauma and agony of criminal proceedings for the last more than 13 yeaRs.There is no denial that except two cases of the similar nature in regard to misappropriation of paddy, no crime was ever reported against the petitioner.

Keeping in view the totality of the facts and circumstances, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of nine months.

Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh Crl.

Revision No.1492 of 2013 (O&M) 3 The petition stand disposed of with modification in the aforesaid terMs.(Rekha Mittal) Judge 14.01.2014 mohan Bimbra Mohan Lal 2014.01.17 16:03 I attest to the accuracy and integrity of this document Chandigarh