Subhash Arya v. State NCT Of Delhi & ANR.
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1339/2025 SUBHASH ARYA .....Petitioner Through:
Mr. Manvendra Pratap Singh, Ms.
Sayma Feroz and Mr. Komal Arya, Advs.
Parikor of petitioner through VC.
versus STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for the State.
R2 through VC.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 31.05.2025 CRL.M.A. 17839/2025 MODIFICATION OF ORDER DT. 28.05.2025 1.
Vide order dated 28.05.2025, while taking note that petitioner had paid full compensation to the complainant/respondent no.2 and has no objection, in case, the captioned matters were disposed of and order on sentence awarded by the learned Trial Court and the First Appellate Court was modified and simple imprisonment for 05 months was set aside. 2.
It may be noted that the sentence of 5 months of simple imprisonment was to be undergone, in case of default/non-payment of the compensation/fine.
3.
However, the order does not specifically mention the setting aside of the substantive sentence of 3 months of simple imprisonment which was part of the original sentencing order.
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4.
Respondent no.2 present through VC has no objection in case the order dated 28.05.2025 be modified.
5.
In view of the aforesaid, I deem it appropriate to modify the previous order dated 28.05.2025. The original substantive sentence of 3 months of simple imprisonment as awarded by the Trial Court and upheld by the First Appellate Court is also set aside.
6.
Copy of this order be sent to the Superintendent Jail for information and compliance.
7.
Application accordingly stands disposed-of.
8.
Copy of the order be given dasti under the signatures of the Court Master.
RAVINDER DUDEJA, J MAY 31, 2025 Sky/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/06/2025 at 12:42:23