PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJIV BERRY
Johari Mal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sanjiv Berry, J. (Oral)
CRM-29194 of 2018
1. The instant application is for condoning the delay of 29 days in filing of Revision Petition.
2. Heard.
3. Application is allowed and delay of 29 days in filing of Revision Petition is hereby condoned.
Main case
4. By way of the present petition, petitioner has challenged the impugned judgment passed by Additional Sessions Judge, Gurugram dated 30.11.2017 in Criminal Appeal No. 88 of 2016 arising out of FIR No. 10 dated 21.01.2013 under Section 323, 506, 34 IPC Police Station Bilaspur, District Gurugram, being erroneous, illegal and against the provision of law to the extent of reducing sentence awarded to respondent No.2 Chandan from one year to simple imprisonment of three months and the same is liable to be set aside.
5. It is inter alia contended by learned counsel for the petitioner that the petitioner happens to be the complainant in the aforesaid FIR registered on the allegations that on 01.01.2013 the accused party had attacked the house of the petitioner and caused damage to the car besides extending threats on the complainant, both the parties were taken to police station and were detained and while in custody accused Chanda
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
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The court emphasized the importance of considering personal circumstances and prior incarceration when determining the appropriateness of a sentence.
The court has the discretion to consider the time already served by the accused and the mental trauma of a protracted trial in deciding the reduction of the substantive sentence while maintaining the....
The court has the discretion to consider the circumstances of the case, including the age of the incident, the family situation of the accused, and the absence of previous convictions, in deciding on....
The court can reduce the sentence to the period already served, considering the time spent in custody and the mental trauma of a protracted trial.
The court may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court has the discretion to consider the time already undergone and the mental agony of protracted trial in reducing the sentence of the accused.
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