Puran Singh vs State

Suresh Kait, J.—With the consent of learned counsel for parties, matter is taken up for disposal.

On 28.09.2011, following order was passed by this Court:-

Learned counsel for petitioner submits that vide the judgment dated 28.10.2010, the petitioner was convicted u/s 205/471/181/193/417 Indian Penal Code and vide order on sentence dated 30.10.2010 the petitioner was sentenced as under:-

A) For offence punishable u/s 181 IPC, rigorous imprisonment for a period of 3 years and fine of Rs.1,000/-. In default of payment of fine further simple imprisonment for a period of 1 month.

B) For offence punishable u/s 193 IPC, rigorous imprisonment for a period of 3 years and fine of Rs.1,000/-. In default of payment of fine further simple imprisonment for a period of 1 month.

C) For offence punishable u/s 205 IPC, rigorous imprisonment for a period of 3 years and fine of Rs.1,000/-. In default of payment of fine further simple imprisonment for a period of 1 month.

D) For offence punishable u/s 417 IPC, rigorous imprisonment for a period of 1 years and fine of Rs.500/-. In default of payment of fine further simple imprisonment for a period of 15 days.

E) For offence punishable u/s 471 IPC, rigorous imprisonment for a period of 3 years and fine of Rs.1,000/-. In default of payment of fine further simple imprisonment for a period of 1 month.

Being aggrieved, petitioner challenged the same before the Sessions Court. The appellate Court vide judgment dated 24.12.2010, dismissed the appeal preferred by the petitioner.

Vide the instant petition, learned counsel for petitioner, after seeking instructions submits that he does not dispute the conviction order, he only prays that the order of sentence dated 30.10.2010 and judgment dated 24.12.2010 passed by learned District Judge-II cum ASJ (North) Delhi be modified to the extent of already undergone.

He has further submitted that petitioner has completed more than two years in custody out of his total sentence of 03 years. As per the Nominal Roll dated 21.10.2011, petitioner has already undergone 01 year 08 months and 20 days as on 03.10.2011. He has also earned remission period of 03 months and 06 days. Therefore, the unexpired portion of the sentence of the petitioner is less than one year as on date.

Further submitted that petitioner is 53 years having a family consists of wife and three children, who are all dependent upon him. Petitioner is the only earning member of the family. Wife of the petitioner is a ''house-maker'' only. Therefore, there is no source of income to the family. In other way, the family of the petitioner is the real sufferer due to the incarceration of the petitioner.

Keeping the total sentence already undergone by petitioner into view and the submission of learned counsel for the petitioner, while maintaining the conviction, order on sentence dated 30.10.2010 is modified to the extent already undergone.

Petitioner be released from custody forthwith, if not required in any other case.

It is made clear that fine amount, as imposed vide order on sentence dated 30.10.2010 shall be deposited with the learned Trial Court. It shall be a condition precedent to release of petitioner from custody.

Copy of order be sent to the Jail authorities for compliance.

In view of above, Criminal Revision Petition No.435/2011 stands partially allowed.

Consequently, Criminal M.B. No.1702/2011 renders infructuous and stands disposed of accordingly.

No order to costs.