Jagdish Grover vs State Govt. Of Nct Of Delhi
2010 Latest Caselaw 5138 Del

               *          IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                                  Date of Reserve October 7th 2010

                                   Date of Order: November 11, 2010

                   + Crl. Rev. P. No. 420/2010 & Crl. M (B) No.1220-1221/2010

%                                                                                    11.11.2010
         Jagdish Grover                                                              ...Petitioner

         Versus

         State Govt. of NCT of Delhi                                             ...Respondents

Counsels:

Ms. Aashaa Tiwari for petitioner.
Mr. O.P. Saxena, APP for State/respondent.


         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 under Section 397/401 of Cr.P.C, the

petitioner has only prayed to the Court for reduction of sentence as awarded to the

petitioner by the first appellate court. The first appellate court confirmed the conviction of

the petitioner under Section 16(1) (a) read with Section 7 of Prevention of Food

Adulteration Act and sentenced the petitioner to undergo imprisonment for a period of six

months and also to pay a fine of Rs.5,000/-.

2. It is submitted by the counsel for the petitioner that the petitioner was suffering

from hypertension with Diabetes Mellitus (Type II) with diabetic retinopathy and that

during his incarnation he has been admitted to ICU and his condition had not improved.

This Court had already directed for referring the petitioner to AIIMS for check-up and

Crl. Rev. No.420/2010 Jagdish Grover v State Govt. of NCT of Delhi Page 1 Of 2 follow-up treatment. The medical report of the petitioner received from Jail Suptd. shows

that the petitioner had to be admitted in Central Jail Hospital since 10th August 2010 and

earlier he was admitted to DDU Hospital. He was suffering from hypertension with

Diabetes Mellitus (Type II) with diabetic retinopathy.

3. Out of the punishment awarded to the petitioner, the petitioner has already

undergone almost half of the imprisonment awarded to him. Looking into the fact that

petitioner had no other criminal record and he had faced trial for about ten years, the

punishment awarded to the petitioner is modified. The petitioner is awarded punishment

of imprisonment already undergone by him with fine of Rs.50,000/-. In case of default in

payment of fine, the petitioner to undergo imprisonment for a term of three months.

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

November 11, 2010                                        SHIV NARAYAN DHINGRA, J
rd




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