Shahbuddin vs State
2019 Latest Caselaw 239 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of Order: January 14 , 2019

+      CRL.A. 1001/2018 & CRL. (BAIL) 1516/2018
       SHAHBUDDIN                                  .....Appellant
                       Through: Mr. Maninder Singh, Ms. Aekta
                                 Vats and Mr. Anuj Singh,
                                 Advocates

                        Versus

       STATE                                            .....Respondent
                        Through:     Ms. Neelam Sharma, Additional
                                     Public Prosecutor with SI Anjani
                                     Kumar Singh

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                        ORDER

(ORAL)

Vide impugned Judgment of 28th March, 2018, appellant and his co- accused Baldev Raj @ Billu have been held guilty of offence punishable under section 3 (1) (ii) of Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as 'MCOCA'). Impugned order of 11th April, 2018, inflicts sentence for imprisonment for the period already undergone by appellant and co-accused, as they had already served sentence of eight years and four months with fine of ₹5,00,000/-each and in default of fine, they have been directed to undergo simple imprisonment of two years.

At the outset, learned counsel for appellant on instructions of Appellant, who is present in the Court in pursuance to the production warrants, submits that the challenge in this appeal is confined to the sentence awarded in default of payment of fine. Reliance is placed upon order of 13th September, 2018 of Coordinate Bench of this Court in case of Rafiq vs. State and Baldev Raj @ Billu vs. State to seek reduction in the sentence awarded in lieu of the fine to the period already undergone by appellant.

Learned counsel for appellant submits that the case of appellant is at par with the case of co-accused Baldev Raj @ Billu. Upon notice, learned Additional Public Prosecutor for respondent- State, does not dispute the aforesaid stand taken on behalf of appellant. Upon hearing and on perusal of order of 13th September, 2018 passed by Coordinate Bench of the Court in the case of Rafiq vs. State and Baldev Raj @ Billu vs. State, while maintaining the sentence awarded to appellant, the sentence inflicted in default of payment of fine, is reduced to the period already undergone by appellant, which is of more than five months as in the case of co-accused Baldev Raju @ Billu. Appellant be released forthwith, if not wanted in any other case. This appeal is accordingly disposed of in aforesaid terms.

(SUNIL GAUR) JUDGE JANUARY 14, 2019 v