Raj Kumar and Another vs Govt. of N.C.T. of Delhi

Suresh Kait, J.

Crl.A.581/2009

Vide this appeal, the Appellants have initially challenged the impugned judgment dated 02.07.2009 passed by ld. ASJ whereby they were held guilty u/s 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 u/s 392/394/34 Indian Penal Code, 1860.

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.

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.

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.

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.

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.

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.