Pramod Kumar v. State & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 230/2019 PRAMOD KUMAR ..... Petitioner Through:

Mr. Sudhir Nagar & Mr. Mohit Singh, Advocates

Versus

STATE & ANR.

..... Respondents Through:

Mr. Izhar Ahmed, Additional Public Prosecutor for respondentState with SI Ashish Kumar

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 27.02.2019 Crl.M.A. 4533/2019 (u/S 482 Cr.P.C.) Allowed subject to all just exceptions.

CRL.REV.P. 230/2019 & Crl.M.(B) 397/2019 & Crl.M.A.398/2019 The concurrent findings of the courts below are that petitioner is guilty of the offences under Sections 304A/279 of IPC. Trial court, vide impugned order of 25th February, 2019 has sentenced petitioner to undergo rigorous imprisonment for one month for offence under Section 279 IPC. In addition, petitioner has been sentenced to undergo rigorous imprisonment of three months for the offence under Section 304A IPC. Both the sentences have been directed to run concurrently. Petitioner has been directed to pay compensation of ₹60,000/- in all to legal heirs of deceased. In default of payment of compensation, petitioner has to undergo simple imprisonment for three months. Page | 1

Upon hearing and on perusal of impugned judgment and material on record, I find no illegality or infirmity in the impugned conviction and sentence awarded to petitioner. Hence, this revision petition seeking quashing of impugned judgment and order on sentence is dismissed. At this stage, counsel for petitioner prays for consideration of Crl.M.A. 398/2019 for interim bail.

Since the conviction and sentence awarded to petitioner has been upheld, therefore, Crl.M.A. 398/2019 is treated as the one for parole. Along with this application, marriage card of petitioner's daughter is annexed, which shows that marriage of petitioner's daughter is to take place tomorrow.

In the peculiarity of this case, this application is disposed of with direction to concerned Jail Superintendent to admit petitioner to parole for a period of one week upon his furnishing bail bond in the sum of ₹15,000/- with one local surety of the like amount, to the satisfaction of concerned Jail Superintendent.

The concerned Jail Superintendent be apprised of this order forthwith and is directed to submit compliance report. With aforesaid directions, this petition and applications are disposed of.

A copy of this order be given dasti under the signatures of Court Master to counsel for the parties.

(SUNIL GAUR) JUDGE FEBRUARY 27, 2019 r Page | 2