Delhi High Court
Vipin vs State on 21 December, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 21, 2018
+ CRL.A. 1261/2018
VIPIN ..... Appellant
Through: Mr. Mayank Mikhail Mukherjee,
Advocate
Versus
STATE ..... Respondent
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for State with SI
Pankaj Kumar, P.S. Karawal
Nagar, Delhi.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Crl.M.A. 50515/2018 (for Delay)
There is delay of 10 days in filing the accompanying appeal.
Upon hearing, I find that averments made in the instant application
provide sufficient cause to condone the delay occasioned. The application
is allowed and the delay stands condoned.
The application stands disposed of.
CRL.M.A. 50514/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.A. 1261/2018 & CRL.M.(BAIL) 1972/2018 (under Section 389
Cr.P.C. for suspension of sentence
1. Along with this Appeal, copy of evidence of the parties has been
filed.
2. Upon hearing, I find that conviction of appellant is well merited.
However, on the question of sentence, notice is issued to respondent for
the offence under Section 308 of IPC.
3. Ms. Neelam Sharma, learned Additional Public Prosecutor for
respondent-State accepts notice.
4. Appellant has been sentenced to rigorous imprisonment for 2 years
with fine of ₹5,000/- and in default of payment of fine, he has been
directed to undergo simple imprisonment of one month.
5. Upon hearing and on perusal of order on sentence of 10th October,
2018, I find that appellant is said to be only bread-earner of his family
and has to support his old-aged parents and does not have any criminal
record. The prayer made by appellant before trial court for grant of
probation has been brushed aside without any valid justification.
6. During the course of hearing, learned counsel for appellant submits
that appellant has faced the agony of trial in this case for the last 4 years
and has not misused the concession of bail. In view of afore-referred
background of appellant, it is a fit case for grant of probation to him.
7. In these facts and circumstance of this case, while maintaining
conviction of appellant, the order of 10th October, 2018 on sentence is set
aside while granting the benefit of probation to appellant.
8. Let appellant appear before the trial court to enable him to furnish
the probation bond within four weeks in the sum of ₹10,000/- with one
local surety of the like amount to the satisfaction of trial court. Upon
acceptance of the probation bond, let appellant be released on probation
for a period of one year to the satisfaction of Probation Officer.
9. It is made clear that in case appellant is found to be misusing the
probation granted to him, then the sentence awarded to him shall stand
restored forthwith. Till the acceptance of the probation bond of appellant,
he shall continue on interim bail on the same terms and conditions as
directed by the trial court.
10. This appeal and application are disposed of in aforesaid terms.
(SUNIL GAUR)
JUDGE
DECEMBER 21, 2018
p'ma
