Sonu v. The State (GNCT) Delhi

1. The present petition is filed under sections 397/401 Cr.P.C. read with section 482 Cr.P.C. to impugn the judgment dated 04.01.2017 passed by the court of Shri Dinesh Bhatt, Additional Sessions Judge- 04, Central District, Tis Hazari Courts, Delhi in criminal appeal bearing no.54956/2016 in case titled as Sonu & Ors. V State whereby the appeal by the petitioner was dismissed and judgment dated 09.06.2016 and order on sentence dated 08.07.2016 passed by the court of Sh. Babru Bhan, MM-07, Central District, Tis Hazari Courts, Delhi in FIR bearing no. 0176/2009 registered under sections 323/341/352/506/34 IPC was modified.

2. The petitioner was put to trial along with co-accused Rohit@Bhagwan Das for offences punishable under sections 323/341/352/506/34 IPC in pursuance of FIR bearing no.0176/2009 dated 23.06.2009 registered at P.S. Subzi Mandi. The court of Sh. Babru Bhan, MM-07, Central District, Tis Hazari Courts, Delhi vide judgment dated 09.06.2016, convicted the petitioner as well as coaccused Rohit@Bhagwan Das for offences punishable under sections 452/341/325/34 IPC and further, vide order on sentence dated 08.07.2016, sentenced the petitioner as well as co-accused Rohit@Bhagwan Das to undergo imprisonment for two years for offences punishable under sections 452/325 IPC and imprisonment for one month for the offence punishable under sections 341 IPC. The petitioner and the co-accused Rohit@Bhagwan Das were also directed to pay fine of Rs.5,000/- for the offence punishable under sections 452/325 IPC and in default of payment of the fine, to undergo simple imprisonment for a period of one month.

3. The petitioner and co-convict Rohit@Bhagwan Das filed a criminal appeal bearing CA no. 54956/2016 in case titled as Sonu & Ors. V State which was decided vide judgment/order dated 04.01.2017 by the court of Shri Dinesh Bhatt, Additional Sessions Judge-04, Central District, Tis Hazari Courts, Delhi. The co-convict Rohit@Bhagwan Das was ordered to be released on probation. However, in respect of the petitioner, order on sentence dated 08.07.2016 was modified to the extent that he was sentenced to undergo rigorous imprisonment for a period of 06 months along with fine of Rs.5,000/- for the offences punishable under sections 452/325 IPC and in default of payment of the fine, to undergo simple imprisonment for a period of one month. The sentence for the offence punishable under section 341 IPC remained unchanged. It was further observed that all the sentences shall run concurrently and the petitioner was given benefit under section 428 Cr.P.C.

4. The complainant was awarded compensation of Rs.10,000/- i.e. Rs.5,000/- out of the total deposited fund and Rs.5,000/- deposited as compensation by the co-convict Rohit@Bhagwan Das.

5. This Court vide order dated 04.04.2019, again modified the sentence awarded to the petitioner and ordered that the sentence of the petitioner is reduced to the period already undergone. It was also submitted on behalf of the petitioner that he has already deposited fine of Rs.10,000/-. The concerned Jail Superintendent reported that the fine of Rs.10,000/- has not been deposited by the petitioner. The petitioner has not deposited the fine as per the directions given by this Court.

6. The present petition is disposed of with the direction to the concerned trial court to initiate appropriate proceedings for recovery of fine imposed in terms of the order on sentence dated 08.07.2016 passed by the court of Sh. Babru Bhan, MM-07, Central District, Tis Hazari Courts, Delhi and judgment dated 04.01.2017 passed by the court of Shri Dinesh Bhatt, Additional Sessions Judge-04, Central District, Tis Hazari Courts, Delhi as early as possible.

7. Copy of this order be sent to the concerned trial court for information and compliance.

8. The Registry is directed not to list this matter further.

SUDHIR KUMAR JAIN)

JUDGE JULY 31, 2023 N/AK