Piara Singh vs State of Punjab

Alok Singh, J.—Petitioner was found guilty under Sections 419/420/120-B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5,000/- u/s 419 IPC and in default of payment of fine, to further undergo rigorous imprisonment for two months, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5000/- u/s 420/120B IPC and in default of payment of fine, to further undergo rigorous imprisonment for two months.

At the outset, learned Counsel for the Petitioner does not challenge the conviction of the Petitioner and submitted that the Petitioner has already remained in custody for about seven and a half months during the pendency of this case and he has suffered a lot of embarrassment owing to the pendency of this criminal case.

I have heard learned Counsel for the parties and gone through the record. The present case was registered against the Petitioner for offence under Sections 419/420/120-B of the Indian Penal Code. The sword of Damocles is not to hangover the head of the Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. The Petitioner has already undergone sentence for about seven and a half months in this case.

Considering totality of the facts and circumstances of this case while maintaining the conviction of the Petitioner, the Petitioner is sentenced to undergo sentence for the period already undergone by him in this case.

With above mentioned modification in the matter of sentence, this revision petition is dismissed.

Let Petitioner be released forthwith, if not wanted in any other case.