Delhi High Court
Abdur Razzaq Jowon @ Aslam vs State on 30 September, 2010
Author: Sanjiv Khanna
11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2329/2010
ABDUR RAZZAQ JOWON @ ASLAM .... Petitioner
Through Mr. Madhu Sudan, Adv.
versus
STATE ..... Respondent
Through Ms. Fizani Hussain, APP.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 30.09.2010
1. This petition under Section 482 of the Code of Criminal
Procedure, 1973 has been filed for modification of the order on
sentence dated 20th may, 2010 passed by the Additional Sessions
Judge.
2. By the judgment dated 12th May, 2010, the petitioner has
been convicted under Section 5 of the Explosive Substances Act, 1908
and Section 14 of the Foreigners Act, 1946. The operative portion of
the order on the point of sentence dated 20th May, 2010 records as
under:-
"Under these facts and circumstances of both
the convicted namely Alamgir Hussain Roni S/o
Late Jan Mohd. and Abdur Razzaq Jiwon @ Aslam
S/o Late Wilayat Hussain are hereby sentenced
for the imprisonment already undergone by
them during investigation, inquiry and trial of this
case with fine of Rs. One Lakh, in default of
payment of fine the accused shall under go SI for
One year. u/s 5 of the Explosive Substance Act.
Both the convicted namely Alamgir Hussain
Roni S/o Late Jan Mohd. and Abdur Razzaq Jiwon
@ Aslam S/o Late Wilayat Hussain are also
sentenced for the imprisonment already
undergone by them during investigation, inquiry
and trial of this case with fine of Rs. One Lakh, in
default of payment of fine the accused shall
under go SI for One Year. u/s 14 of Foreigners
Act. Both the sentences will run concurrently.
The benefit of section 428 Cr.P.C. be awarded to
both the convicted and period already
undergone by them be set of for the sentence
awarded to them. I think the sentence awarded
will meet the end of justice."
3. There is some confusion and it is not clear from the said order
whether each of the accused i.e. the petitioner and Alamgir Hussain
Roni are both liable to pay fine of Rs. 1 lac each or they are
collectively liable to pay fine of Rs. 1 lac i.e. Rs. 50,000/- each for both
offences under Section 5 of the Explosive Substances Act and Section
14 of the Foreigners Act.
4. It is stated that the petitioner is unable to pay fine because of
poverty and per force will have to undergo simple imprisonment of
two years i.e. one year each for the offence under the Explosive
Substances Act and the Foreigners Act. This will be more than 50% of
the substantive imprisonment i.e. the period undergone of 3 years
and 6 months. In the petition it is pointed out that the petitioner is a
married man and has 6 daughters.
5. The petitioner has already been in jail for nearly 5 months after
the order on sentence because he has not been able to pay the fine.
Keeping in view the aforesaid facts, the order of sentence dated 20th
May, 2010 is partly modified as under:-
(i) The petitioner will pay fine of Rs.50,000/- for the offence under
Section 5 of the Explosive Substances Act and in default of payment
of fine, he shall undergo simple imprisonment of 6 months. The
petitioner will also pay Rs. 50,000/- for the offence under Section 14
of the Foreigners Act and in default thereof, he shall undergo simple
imprisonment of 6 months.
The petition is accordingly disposed of.
SANJIV KHANNA, J.
SEPTEMBER 30, 2010
NA
