Murari Choudhary v. Local Health Authority

Delhi High Court · 22 Dec 2010 · 2010:DHC:6200
Shiv Narayan Dhingra
Crl. Rev. P. 639 of 2010
2010:DHC:6200
criminal appeal_allowed Significant

AI Summary

The Delhi High Court allowed the petitioner’s criminal revision petition to reduce the sentence to the period already served, enhancing the fine, considering the petitioner’s health and prolonged trial.

Full Text
Translation output
Crl. Rev. P. 639 of 2010 HIGH COURT OF DELHI
Date of Reserve: 8th December, 2010
Date of Order: 22nd December, 2010 Crl. Rev. P. No. 639 of 2010
22.12.2010 SUBHASH ... Petitioner
Through: Mr. Murari Choudhary, Advocate
VERSUS
LOCAL HEALTH AUTHORITY ... Respondents
Through: None.
JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. By way of present Criminal Revision Petition under Section 397/411 Cr.P.C., the petitioner has prayed for reduction of sentence awarded to him by the First Appellate Court. The First Appellant Court upheld the conviction and sentence of the petitioner under Section 16 (1) (1A) r/w Section 7 of the P.F.A. Act as awarded to him by the trial court. The petitioner was sentenced to undergo rigorous imprisonment for a period of six months with fine of ` 5,000/-. 2010:DHC:6200 Crl. Rev. P. 639 of 2010

2. Counsel for the petitioner stated that petitioner was suffering from various ailments and he had already undergone more than half of the imprisonment and he had also faced trial for about 15 years. Therefore, the imprisonment already undergone by the petitioner should be considered sufficient.

3. In view of the judgment of this Court in Jagdish Grover Vs. State Govt. of NCT of Delhi, Crl. Rev. P. No. 420 of 2010, decided on 11th November, 2010, this Criminal Revision Petition is allowed. The sentence awarded to the petitioner is modified. The petitioner is awarded punishment of imprisonment already undergone by him with a fine of ` 50,000/-. In case of default in payment of fine, the petitioner shall undergo imprisonment for a period of three months.

4. With above modification, the petition stands disposed of.

DECEMBER 22, 2010 SHIV NARAYAN DHINGRA, J. acm