Pradeep Kumar vs State Of Himachal Pradesh on 15 June, 2018

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Himachal Pradesh High Court

Pradeep Kumar vs State Of Himachal Pradesh on 15 June, 2018

Bench: Sanjay Karol

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr. Revision No.102 of 2018 Decided on : June 15, 2018 Pradeep Kumar .... Petitioner Versus State of Himachal Pradesh .... Respondent The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice . Whether approved for reporting? No 1 For the Petitioner : Mr. Prashant Sharma, Advocate.

For the Respondents : Mr. Adarsh Sharma, Addl. A.G. and Ms. Svaneel Jaswal, Dy. A.G. for State.

Sanjay Karol, Acting Chief Justice (oral) Learned counsel confines the petition only with respect to the order of sentence of imprisonment so passed by Judicial Magistrate 1s t Class, Court No.2, Rohru, Camp at Chopal, District Shimla, H.P. in Criminal Case No.95-1 of 2008, titled as State of Himachal Pradesh vs. Pradeep Kumar and others, on 19.10.2012 as affirmed by Additional Sessions Judge-II, Shimla, H.P., in Criminal Appeal No.7-S/10 of 2013, titled as Pradeep Kumar @ Pappu and others vs. State of H.P., on 11.11.2014.

Whether reporters of Local Papers may be allowed to see the judgment ?

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2. The trial Court convicted the present petitioner Pradeep Kumar alongwith co-accused Mohan .

Singh and Ashok Thakur for having committed an offence punishable under Section 379 read with Section 34 of the Indian Penal Code.

3. The trial Court ordered to serve the sentence of imprisonment in the following terms:-

Name of Offences Sentence passed In default of Sr. convict under under Section 60 fine No. which of I.P.C. read with r convicted Section 31 of Cr.P.C.

1. Pardeep 379 read 3 months (1 month 15 days with of rigorous simple Section 34 imprisonment and imprisonment of Cr.P.C. 2 months of simple imprisonment) as well as fine of Rs.10,000/- as

2. Mohan 379 read 3 months (1 month 15 days Singh with of rigorous simple Section 34 imprisonment and imprisonment of Cr.P.C. 2 months of simple imprisonment) as well as fine of Rs.10,000/- as

3. Ashok 379 read 3 months (1 month 15 days Thakur with of rigorous simple Section 34 imprisonment and imprisonment.

                             of Cr.P.C.         2 months of sim ple
                                                imprisonment) as
                                                well as fine of
                                                Rs.10,000/- as



    4.           At       this     point        in    time,       it    cannot         be

ascertained as to whether the State has preferred any appeal assailing the aforesaid order or not. Also, it is not clear as to whether the other convicts namely ::: Downloaded on - 18/06/2018 23:01:11 :::HCHP 3 Mohan Singh and Ashok Thakur had filed any revision petition or not.

.

5. Be that as it may, learned counsel for the petitioner contents that since the petitioner has already served major portion of the imprisonment and that he has maintained good conduct and there is no likelihood of the petitioner committing similar or any other offence, the sentence be reduced.

6. It is not in dispute that the petitioner had deposited the amount of fine in terms of the order of sentence passed by the trial court. Also, he has served the sentence for more than two months and 20 days.

7. Considering the factual matrix and the submissions made by the learned counsel, which remain un-controverted by the respondents or the record as also the nature of offence, this Court is inclined to reduce the sentence of the petitioner for the period already undergone.

8. Accordingly, order of sentence of imprisonment so passed by Judicial Magistrate 1s t Class, Court No.2, Rohru, Camp at Chopal, District Shimla, H.P. in Criminal Case No.95-1 of 2008, titled as ::: Downloaded on - 18/06/2018 23:01:11 :::HCHP 4 State of Himachal Pradesh vs. Pradeep Kumar and others, on 19.10.2012 as affirmed by Additional .

Sessions Judge-II, Shimla, H.P., in Criminal Appeal No.7- S/10 of 2013, titled as Pradeep Kumar @ Pappu and others vs. State of H.P., on 11.11.2014, stands modified and the sentence is reduced for the period already undergone by the petitioner.

With the aforesaid observations, present petition stands disposed of, so also, pending application(s), if any.

Copy Dasti.

(Sanjay Karol), June 15, 2018 (KS) Acting Chief Justice ::: Downloaded on - 18/06/2018 23:01:11 :::HCHP

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Himachal Pradesh High Court