- (1.) Petitioner was convicted under section 420/120-B I.P.C. in case in F.I.R. No. 201 of 1.10.1998, Police Station Civil Lines, Amritsar, and sentenced to undergo rigorous imprisonment for three years and fine of Rs.5,000/- by chief Judicial Magistrate, Amritsar, However, on appeal the conviction was maintained but sentence was reduced to two years.
(2.) This Court issued notice on the question of quantum of sentence.
(3.) With the permission of the Court an application, which is supported by an affidavit of Ms. Monica Mehra daughter of petitioner Shanti Kumar resident of Batala, has been filed. The averments made in this application reads thus: "That in the main revision petition as well as in the application for suspension of sentence filed before this Hon'ble Court, it has been apply highlighted that the petitioner is a septuagenarian being more than 76 years of age and is suffering from various age related ailments. He is very frail and week weighing only about 40 Kgs. That apart, he is suffering from severe indigestion which practically renders him incapacitated to lead a normal life. That the petitioner requires a specialised treatment at a specialized Institute and a constant attendant to look after him. "That the petitioner has no son and has three daughters. At this stage of the twilight of his life, his health is severely deteriorated which has raised alarming concerns about his well being. "That it is a matter of record that on the issue in question before the criminal courts, civil courts have also adjudicated the dispute between the parties, wherein, the complainant has been entitled to the refund/return of earnest money amounting to Rs. 10 lacs. "That in order to demonstrate his bona fide before this Hon'ble Court, despite being in a gravely distressful pecuniary situation on account of incarceration in jail, the petitioner undertakes deposit an amount of Rs. 10 lacs as awarded by the Civil court in such form (cash/demand drafts etc.) and subject to such conditions as this Hon'ble Court may deem fit and appropriate in circumstances of the case. "That the petitioner further undertakes to abide by any other condition or directions that the Hon'ble Court may deem fit to impose while considering the humble plea of the petitioner to released on probation or on bail or any other relief directing his release from the custody. "That the petitioner further humbly submits that he is a man of clean and clear antecedents has lead a respectable as well as dignified life while rearing his family, inter alia, comprising three daughters. The petitioner has never been embroiled in any kind of litigation much less criminal case. It is also evident from the record that the alleged offence primarily revolves around a civil dispute which originated in July 1996 and the prosecution was launched in the year 1998. Ever since, the petitioner is facing the rigors of protracted trial/investigation and appeal proceedings for the last about 15 years.;