Parvinder Singh v. State of Punjab

CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. B.S.Walia, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed against the judgment dated 15.03.2010 passed by learned Additional Sessions Judge, SAS Nagar, Mohali in Crl. Appeal No.7 of 06.02.2009, vide which appeal filed by the respondent-State was accepted and the judgment of acquittal passed by learned trial Court dated 31.10.2008 in favour of the present revision- petitioner in FIR No.124/28.06.2002, under Sections 279/304-A IPC, P.S. Kharar was reversed and the present petitioner was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of CRR No.934 of 2010 2 Rs.500/- for offence under Section 279 IPC and in default of payment of fine to undergo S.I. for 15 days and to further undergo rigorous imprisonment for two years and to pay a fine of Rs.4000/- and in default of payment of fine to undergo S.I. for one month for offence under Section 304-A IPC. I have heard learned counsel for the parties and have gone through the whole record. It has been argued by learned counsel for the present revision petitioner that offence under Sections 279/304-A IPC are bailable one and hence, learned Additional Sessions Judge, Mohali was not empowered to hear appeal against judgment of acquittal passed by Magistrate in offences which are bailable and that only this Court is having the power to entertain such an appeal against acquittal after granting leave to appeal under sub- section (3) of Section 378 Cr.P.C. Hence, it is contended that the impugned judgment passed by learned Additional Sessions Judge, SAS Nagar, Mohali is without jurisdiction and the same is liable to be set aside. Learned State counsel has fairly conceded that offences are bailable one and appeal against acquittal should have been filed before this Court and not before court of Sessions. Hence, in view of these facts, the impugned judgment dated

15.03.2010 passed by learned Additional Sessions Judge, SAS Nagar, Mohali convicting and sentencing the present petitioner is set aside. Petitioner-accused, Parvinder Singh, is ordered to be set at liberty forthwith if not required in any other case. Copy of the order be given under the signatures of Bench Secretary. Registry is also directed to send this order by fax today. CRR No.934 of 2010 3 April 8, 2010. 'om' ( RAM CHAND GUPTA ) JUDGE