HARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (in short 'the Code') and in this petition it has been prayed that judgment dated 6th June, 1994 passed by the learned Judicial Magistrate Ist Class, Amritsar and judgment dated 6th April, 1995 passed by the learned Additional Sessions Judge, Amritsar, be set aside and during pendency of the petition, the petitioner be granted concession of bail.

(2.) NOTICE of this petition was issued to the Advocate-General, Punjab on 5th June, 1995, but the notice was limited on the question of sentence only.

(3.) MR . A.K. Kanwar, learned counsel appearing on behalf of the petitioner submits that the petitioner was taken in custody on 6th April, 1995 and has already undergone imprisonment for more than three months. He further submits that the petitioner has not been convicted on any earlier occasion and it is the first offence for which he has been punished. He also submits that the petitioner had been facing prosecution for the last more than two years. Lastly, he submits that the petitioner is 21 years old and as such lenient view may be taken in the matter and sentence awarded to the petitioner be reduced to one already undergone. In support of his submission the learned counsel placed reliance on a judgment of this Court in case of Tasleem Ahmed v. State of Punjab, 1995(1) Recent Criminal Reports 743.