Subhash vs Local Health Authority
2010 Latest Caselaw 5852 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: 8th December, 2010
                                            Date of Order: 22nd December, 2010
+Crl. Rev. P. No. 639 of 2010
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                                                                     22.12.2010
SUBHASH                                                           ... Petitioner
                       Through: Mr. Murari Choudhary, Advocate

              Versus

LOCAL HEALTH AUTHORITY                                         ... Respondents
                Through: None.


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. By way of present Criminal Revision Petition under Section 397/411

Cr.P.C., the petitioner has prayed for reduction of sentence awarded to him by

the First Appellate Court. The First Appellant Court upheld the conviction and

sentence of the petitioner under Section 16 (1) (1A) r/w Section 7 of the P.F.A.

Act as awarded to him by the trial court. The petitioner was sentenced to

undergo rigorous imprisonment for a period of six months with fine of `

5,000/-.

2. Counsel for the petitioner stated that petitioner was suffering from

various ailments and he had already undergone more than half of the

imprisonment and he had also faced trial for about 15 years. Therefore, the

imprisonment already undergone by the petitioner should be considered

sufficient.

3. In view of the judgment of this Court in Jagdish Grover Vs. State Govt.

of NCT of Delhi, Crl. Rev. P. No. 420 of 2010, decided on 11th November, 2010,

this Criminal Revision Petition is allowed. The sentence awarded to the

petitioner is modified. The petitioner is awarded punishment of

imprisonment already undergone by him with a fine of ` 50,000/- . In case of

default in payment of fine, the petitioner shall undergo imprisonment for a

period of three months.

4. With above modification, the petition stands disposed of.

DECEMBER 22, 2010                              SHIV NARAYAN DHINGRA, J.
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