Punjab-Haryana High Court
Sheru @ Sher Mohd vs State Of Haryana on 25 February, 2011
Author: Alok Singh
Bench: Alok Singh
Crl. Rev. No. 2974 of 2010 1
In the High Court of Punjab and Haryana, Chandigarh.
Crl. Rev. No. 2974 of 2010 (O&M)
Date of Decision: 25.02.2011
Sheru @ Sher Mohd
....Petitioner
Versus
State of Haryana
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
1.Whether reporters of local news papers may be allowed to see
judgement ?
2. To be referred to reporters or not ?
3. Whether the judgement should be reported in the Digest ?
Present: Mr. Sarfraj Hussain, Advocate
for the petitioner.
Mr. Gaurav Dhir, DAG, Haryana
for the State.
...
Alok Singh, J (Oral).
Petitioner was found guilty under Sections 3/8, 5/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- under Section 3/8 of the Act and in default of payment of fine to further undergo rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- under Section 5/8 of the Act and in default of payment of fine to further undergo rigorous imprisonment for three months. Crl. Rev. No. 2974 of 2010 2
Custody certificate handed over in Court today, is taken on record.
At the outset, learned counsel for the petitioner does not challenge the conviction of the petitioner and submitted that the petitioner is in jail w.e.f. 9.10.2010.
I have heard learned counsel for the parties and gone through the record. 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 more than four months.
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. However, order passed by both the Courts below qua fine shall remain intact. The petitioner be released forthwith, if not required in any other case.
With above mentioned modification in the matter of sentence, this revision petition is dismissed.
( Alok Singh ) Judge 25.02.2011 sk.