SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 22.4.2006, passed by learned Additional Sessions Judge, Kaithal, whereby the appeal filed by the petitioner challenging his conviction and sentence for the offences punishable under Sections 420, 468 and 471 IPC, recorded by learned Additional Chief Judicial Magistrate, Kaithal, was dismissed.

(2.) At the very outset, learned counsel representing the petitioner submits that in view of concurrent findings of both the Courts below, he does not challenge the conviction of the petitioner for the offences punishable under Sections 420, 468 and 471, IPC. He, however, submits that in view of totality of the facts and circumstances of the case, the substantive sentences awarded to the petitioner are on higher side. He submits that the petitioner had applied for grant of loan to the District Industries Centre, Kaithal, to establish his business. One of the essential requirements was that the applicant must carry Matriculation certificate. While applying for grant of loan, the petitioner allegedly used the forged detailed marks sheet of Matric and, as such, the case was registered. He further submits that the petitioner is neither required nor involved in any other case.

(3.) It has been substantiated on record that just to establish his own business, the petitioner had applied for grant of loan. The loan was not disbursed to him (petitioner) and admittedly no loss was caused to any person/Government exchequer. The petitioner is facing the agony of trial, appeal and revision for last more than eighteen years. During pendency of trial, appeal and present revision petition, the petitioner remained on bail, but he did not misuse the said concession. The petitioner was granted bail while suspending his sentence by this Court, vide order dated 18.7.2006 and he was actually released from the jail on 22.7.2006. In the meantime, he had suffered incarceration for three months and thirteen days.