Alok Singh, J. - (1.) PETITIONER, alongwith co-accused, was found guilty under Sections 420 IPC and Section 24 of Immigration Act and was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.1000/- under Section 420 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of 20 days and to undergo rigorous imprisonment for a period of six months under Section 24 of Immigration Act. In appeal filed against the aforesaid judgement, learned Addl. Sessions Judge, Kapurthala reduced the sentence under Section 420 IPC from rigorous imprisonment two years to 10 months and confirmed payment of fine and sentence under Section 24 of Immigration Act.
(2.) CUSTODAY 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 has already remained in custody for about seven and a half month during the pendency of this case and he has suffered a lot of embarrassment owing to the pendency of this criminal case. I have heard learned counsel for the parties and gone through the record. The present case was registered against the petitioner for offence under Section 420 of the Indian Penal Code and Section 24 of Immigration Act. 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 about seven and half months in this case.
(3.) 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. With above mentioned modification in the matter of sentence, this revision petition is dismissed.;