Raj Kumar & Anr. vs Govt. Of N.C.T. Of Delhi
2011 Latest Caselaw 4818 Del

$~13

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.A. 581/2009

%              Judgment delivered on:27th September,2011



        RAJ KUMAR & ANR.                      ..... Appellants
                      Through : Mr.          B K Jha, Adv. for
                      appellant No.2

                       versus


        GOVT. OF N.C.T. OF DELHI         ..... Respondent
                       Through : Ms. Ritu Gauba, APP for
                       State

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

     1. Whether the Reporters of local papers
        may be allowed to see the judgment?                     NO
     2. To be referred to Reporter or not?                      NO
     3. Whether the judgment should be reported                 NO
        in the Digest?

SURESH KAIT, J. (Oral)

Crl.A.581/2009

1. Vide this appeal, the appellants have initially

challenged the impugned judgment dated 02.07.2009

passed by ld. ASJ whereby they were held guilty under

Section 392/394/34 Indian Penal Code, 1860 and also

challenged order of conviction dated 08.07.2009 whereby

the appellants have been convicted and has been sentenced

to undergo RI for 05 years with fine of Rs.5,000/- each under

Section 392/394/34 Indian Penal Code, 1860.

2. Ld. counsel for the appellant No.2 submits on

instructions that appellant No.2 namely Jitesh @ Tie S/o Late

Sh. Nihal Singh. This appellant do not dispute or challenge

the impugned judgment and the conviction order as stated

above. However, he has prayed while maintaining the

conviction and sentence of the appellant No.2, he be

released on sentence already undergone.

3. As mentioned above, appellant No.2 has been

sentenced to RI for 05 years whereas he has already

undergone 03 year 06 months as on 10.09.2011. He has

also earned 05 months and 18 days remission. In total he

has completed 04 years in incarceration.

4. Ld. counsel for the appellant No.2 submits that

appellant No.2 belongs to poor strata of society. He has no

means even o deposit the fine amount and he is the only

bread-earner in the family. He has also suffered

substantially and has completed almost 04 years.

5. Keeping into view the aforesaid circumstances, while

maintain the conviction I modify the order of sentence dated

08.07.2009 to the extent already undergone.

6. Jail authorities are directed to release the appellant

No.2 namely Jitesh @ Tie forthwith. Copy of this order be

sent to Jail Superintendent, Tihar for compliance.

7. Crl.A.581/2009 is partially allowed.

Crl.M.B.1440/2011

In view of the order passed in Crl.A.581/2009, this

application is disposed of as infructuous.

Crl.M.A.9719/2011

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

SURESH KAIT, J

September 27, 2011 vld