HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried and convicted under Section 409 Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo imprisonment for six months. His appeal was dismissed by the Appellate Court. In the revision filed by the petitioner, notice regarding sentence only was given to the State. The learned counsel for the petitioner has not addressed the Court on merit as stated above as notice regarding sentence only was given to the State. The learned counsel for the petitioner has, however prayed that the petitioner be given probation as he is a young man and has a wife and minor children to support. The amount in question has since been deposited by the petitioner in the Treasury and he has already undergone more than two and half months. He further states that he is the first offender and is not a previous convict. In support of his arguments he had cited Ved Parkash Handooja v. Delhi Administration, AIR 1974 Supreme Court 2336; Raj Bahadur v. The State of Punjab, 1984(1) Recent Criminal Report 488 and Mankeshwar Dass v. The State of Punjab, 1985(2) Recent Criminal Report 254. The appellant has already deposited the amount of Rs. 9543/- which was involved in this case.

(2.) HEARD . Petitioner is the first offender and has lost his service and has got a wife and minor children to support and he has already deposited the money involved in this case during the pendiency of the case and has already undergone more than two and half months sentence. In my view it would meet the ends of justice, if the sentence of imprisonment awarded to the petitioner is reduced to the period already undergone by him provided that he pays, in addition to the amount deposited a fine of Rs. 5,000/- within three months from the date he is released from jail.