Present: Mr.Suresh Ahlawat Advocate Vs. State of U.T.Chandigarh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142961
CourtPunjab and Haryana High Court
Decided OnMay-16-2014
AppellantPresent: Mr.Suresh Ahlawat Advocate
RespondentState of U.T.Chandigarh
Excerpt:
in the high court of punjab and haryana at chandigarh crr no.2315 of 2006 date of decision : 16.05.2014 hoshiar singh and others .....petitioners versus state of u.t.chandigarh .....respondent coram :- hon'ble mr.justice k.c.puri. present: mr.suresh ahlawat, advocate for the petitioners no.2 and 3. mr.g.s.chahal, app for u.t.chandigarh. k.c.puri, j. custody certificate has been placed on record. so, in view of the report of sho, the appeal against hoshiar singh stands dismissed as having been abated. it is reported that hoshiar singh had died and his death certificate has been filed. report of the sho in this regard has also been placed on the file. the other co-accused sanjay gupta and roshan lal, have been convicted by both the courts below, having been found in possession of 216 bottles of countrymade liquor. however, minimum sentence has been awarded by the trial court to the accused. learned counsel for the petitioners has relief upon the following authorities:- 1.jarnail singh @ jaila versus state of punab in crr no.303 of 206 decided on 01.10.2012. 2.sham lal versus state of punab in crr no.292 of 2013 anju 2014.05.26 10:17 i attest to the accuracy and integrity of this document crr no.2315 of 2006 -2- (o&m) decided on 28.02.2013. 3. pritam singh versus state of punjab in crr no.1973 of 2002 (o&m) decided on 26.09.2013. while relying upon authority of full bench of this court in joginder singh versus state of punjab, 1980 chandigarh law reporter (punjab and haryana).196, this court allowed the concession of probation on the ground that petitioners have suffered agony of trial for the last seven years.learned counsel for the petitioners has not challenged the conviction recorded by the trial court. so, their conviction stand affirmed. however, both the petitioners are ordered to be released on probation on their furnishing of bail bonds and surety bonds for a sum of rs.20,000/- with one surety in the like amount for a period of one year to the satisfaction of trial court, under section 4 (1) of the probation of the offenders act 1958, with the undertaking that during the period of one year they shall maintain peace and good behaviour and shall not commit any offence. they shall appear before the trial court, as and when called upon by it, in case they violates the terms of undertaking. the appeal stands disposed of accordingly. a copy of the judgment be sent to the trial court for strict compliance. (k.c.puri) judge may 16, 2014 anju anju 2014.05.26 10:17 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2315 of 2006 Date of decision : 16.05.2014 Hoshiar Singh and others .....petitioners Versus State of U.T.Chandigarh .....Respondent CORAM :- HON'BLE MR.JUSTICE K.C.PURI.

Present: Mr.Suresh Ahlawat, Advocate for the petitioners No.2 and 3.

Mr.G.S.Chahal, APP for U.T.Chandigarh.

K.C.Puri, J.

Custody certificate has been placed on record.

So, in view of the report of SHO, the appeal against Hoshiar Singh stands dismissed as having been abated.

It is reported that Hoshiar Singh had died and his death certificate has been filed.

Report of the SHO in this regard has also been placed on the file.

The other co-accused Sanjay Gupta and Roshan Lal, have been convicted by both the Courts below, having been found in possession of 216 bottles of countrymade liquor.

However, minimum sentence has been awarded by the trial Court to the accused.

Learned counsel for the petitioners has relief upon the following authorities:- 1.Jarnail Singh @ Jaila versus State of Punab in CRR No.303 of 206 decided on 01.10.2012.

2.Sham Lal versus State of Punab in CRR No.292 of 2013 Anju 2014.05.26 10:17 I attest to the accuracy and integrity of this document CRR No.2315 of 2006 -2- (O&M) decided on 28.02.2013.

3.

Pritam Singh versus State of Punjab in CRR No.1973 of 2002 (O&M) decided on 26.09.2013.

While relying upon authority of Full Bench of this Court in Joginder Singh versus State of Punjab, 1980 Chandigarh Law Reporter (Punjab and Haryana).196, this Court allowed the concession of probation on the ground that petitioners have suffered agony of trial for the last seven yeaRs.Learned counsel for the petitioners has not challenged the conviction recorded by the trial Court.

So, their conviction stand affirmed.

However, both the petitioners are ordered to be released on probation on their furnishing of bail bonds and surety bonds for a sum of Rs.20,000/- with one surety in the like amount for a period of one year to the satisfaction of trial Court, under Section 4 (1) of the Probation of the Offenders Act 1958, with the undertaking that during the period of one year they shall maintain peace and good behaviour and shall not commit any offence.

They shall appear before the trial Court, as and when called upon by it, in case they violates the terms of undertaking.

The appeal stands disposed of accordingly.

A copy of the judgment be sent to the trial Court for strict compliance.

(K.C.Puri) Judge May 16, 2014 anju Anju 2014.05.26 10:17 I attest to the accuracy and integrity of this document