Punjab-Haryana High Court
Jasvir Singh vs State Of Punjab on 24 December, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No. S-598-SB of 2009
Date of Decision : December 24, 2014
Jasvir Singh .....Appellant
VERSUS
State of Punjab .....Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. H.N. Mehtani, Advocate
Mr.R.S. Randhawa, Additional A.G., Punjab.
T.P.S. MANN, J. (Oral)
The appellant has filed the present appeal for challenging the judgment and order dated 16/19.2.2009 passed by the Sessions Judge, Fatehgarh Sahib.
Vide impugned judgment and order, the appellant was convicted under Section 489D IPC and sentenced to undergo imprisonment for five years and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was also convicted under Section 489C IPC and sentenced to undergo imprisonment for three years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. SATISH KUMAR 2015.01.06 15:38 I attest to the accuracy and authenticity of this document Chandigarh Criminal Appeal No. S-598-SB of 2009 -2-
According to the prosecution, 13 fake currency notes of the denomination of Rs.1,000/- each and 30 fake currency notes of the denomination of Rs.100/- each were recovered from the appellant on 24.7.2005. Later on, he suffered a disclosure statement and got recovered from his bed computer parts, which included CPU-P-IV (non- branded), optical mouse, HP Laser Jet Printer No.35546, Monitor Samsung No.LE-15-HHAY-129546-E-2005, scanner HP Scan Jet 2400, alongwith power plug, computer wires, key board, stapler, etc. after taking out the same. 11 currency notes of the denomination of Rs.1,000/- each and 20 currency notes of the denomination of Rs.100/- each and possport bearing No. A-1615443 valid upto 11.3.2007 were also recovered.
Learned counsel for the appellant has not challenged the impugned judgment of conviction passed by the trial Court whereby he stands convicted under Section 489D and 489C IPC. He has, however, submitted that the appellant has been facing the agony of criminal prosecution for the last more than nine years. Out of the net sentence of five years, he has already undergone an actual sentence of more than one year and three months. SATISH KUMAR 2015.01.06 15:38 I attest to the accuracy and authenticity of this document Chandigarh Criminal Appeal No. S-598-SB of 2009 -3- On account of maintaining of good conduct during his stay in jail, the appellant has earned remission also. It is further submitted that the appellant is the only bread winner of his family and is required to look-after his three children. Further, the appellant is not involved in any other case. Prayer has, accordingly, been made for taking a lenient view in the matter of sentence of the appellant.
Learned State counsel has opposed the prayer made on behalf of the appellant by submitting that the offence committed by him is serious in nature as carrying of counterfeit currency notes would result in the economy of the country being destabilised.
Custody certificate dated 16.12.2014, placed on record by the learned State counsel on the last date of hearing, reveals that the appellant has already undergone an actual sentence of one year, three months and six days. Besides, he has earned remission of 20 days. It is also mentioned therein that there is no criminal case registered or pending against the appellant.
After hearing learned counsel for the parties and in view of the totality of the circumstances, this Court is of the considered view that no useful purpose would be SATISH KUMAR 2015.01.06 15:38 I attest to the accuracy and authenticity of this document Chandigarh Criminal Appeal No. S-598-SB of 2009 -4- served by sending the appellant behind the bars, once again, to undergo the remaining sentence of imprisonment imposed upon him. Ends of justice would be amply met if the substantive sentences of imprisonment of the appellant on both the counts are reduced to the one already undergone by him.
Resultantly, the conviction of the appellant for the offences under Sections 489D and 489C IPC is upheld. His substantive sentences of imprisonment on both the counts shall stand reduced to the one already undergone by him. However, the fine of Rs.10,000/- imposed upon the appellant under Section 489D and Rs.5,000/- under Section 489C IPC are enhanced to Rs.20,000/- and Rs.10,000/-, respectively. In default of payment of fine, the appellant shall undergo rigorous imprisonment for one year under Section 489D IPC and rigours imprisonment for six months under Section 489C IPC. The amount of fine, be deposited by the appellant with the Chief Judicial Magistrate, Fatehgarh Sahib within two months from today.
The appeal is, accordingly, disposed of.
( T.P.S. MANN )
December 24, 2014 JUDGE
satish
SATISH KUMAR
2015.01.06 15:38
I attest to the accuracy and
authenticity of this document
Chandigarh