Rabjeet Singh v. State NCT Of Delhi

$~R-9,10,n & 12 *

IN THE HIGH COURT

OF DELHI AT NEW DELHI . + • CRL.A. 626/2012.

• RABJEET SINGH Appellant Through None.

versus STATENOT OF DELHI Respondent Through Mr.Kewal Singh Ahuja, APP.

+ CRL.A. 879/2012 ASHOK KUMAR Appellant Through Appellant in person. , • versus • • • '

STATE • , .

- Respondent Through MriK'ewalSinghAhuja,APP.

+ - CRL.A. 1001/2013 SAURAV • Appellant .

' Through Mr.M.L.Yadav,Adv. DHCLSA versus STATE(NCT OF DELHI) • • Respondent Through Mr.Kewal Singh Ahuja, APP.

+ CRL.A. 1667/2013 RAVI KUMAR CHOPRA Appellant Through Mr.Krishan Kumar, Mr.S.P.Nangia, Mr.RCS:

Bhadoriatand Mr.Sahil I Dhawan, Advocates.

Versus - . .

Cr/. AppealsNo. '626/20I2,879/2012,1001/2013&1667/2013 Page I of4 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

STATE Respondent Tlii'ough Mr.Kewal Singh Aliuja, APP.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

ORDER

% 16.01.2018 1 , These are four appeals -which have, been filed by the different appellants.

All the appellants are present in person.

They all have been convicted under Sections 392/394 read with Section 34 of the IPC'.- All of them had been sentenced to undergo JRJ for period of 4 years and to pay a fine of Rs.5000/-, in default of payment of fine to undergo SI for 1. year; this was for the offence under Section 392 of the IPG; an identical sentence was imposed upon them qua the second conviction "under Section 394 of the IPG.

Nominal roll of the appellant Rabjeet Singh reflects that he has completed his sentence and he was released from jail on 07.01.2015. , Appellant Ashok Kumar was released on bail on 26.11.2013. On the date of his release he had completed incarceration of about 2, years and 8 months.

, .

Appellant Saurav was released on bail on 20.12.2013. As on the date of his release he had completed incarceration of 2 years and 8 •months.

Appellant Ravi Kumar Ghopra was released on bail on •04.3.2014.

As on' the date of his release he had undergone incarceration of about 3 years and 1,month.

CrL Appeals No. 626/2012, 879/2012, 1001/2013 & 1667/2013

Learned counsels for the appellants do not really challenge the conviction.

The conviction of the appellants under Sections 392/394 read with Sectiori 34 of the IPC'is accordingly maintained. •7 The submission of the learned counsels for the appellants is that the appellants having completed more than 75% of their substantive seiitence and each of them being on regular bail which bail has not , been misused by them and each of them having a family to support and being the only breads earner of their families, this is a fit case where the sentence' already undergone by them be treated as -the sentence imposed upon them.

.

"

- As noted supra, each of the appellants are present in person. Appella:nt Rabjeet Singh, has completed his sentence. He has since been released from the jail.

Appellant Ashok Kumar has undergone - incarceration of 2 years and 8 months.

He is a family man aged 23 years and has two children and is the only bread earner in the family. Appellant Saurav has also completed substantive sentence of more than 2 year and 8 months; he has a family to support and he is also the only bread earner in his family. He has not misused the bail.

Appellant Ravi Kumar Chopra has completed incarceration of more, than 3 years and 1 month. He has also not misused the bail granted to him. He is a married man and is the only bread earner in his family. He also has a family to support.

Noting the fact that the offence had been taken place in the year 2010 and each of the appellants already having undergone more than 75%) of the substantive sentence awarded to them, this Court is of the Crl. Appeals No. 626/2012, 879/2012, 1001/2013 & 1667/2013,

view that to secure ends of justice and in the fitness of things,. it would be appropriate that the sentence already suffered by each of the appellants namely Ashok Kumar, Saurav and Ravi Kumar Chopra be the sentence imposed upon them.

The default sentence in lieu of payment of fine is reduced; each of the three appellants namely Ashok Kumar, Saurav and Ravi Kumar Chopra will pay a cumalative. fine of Rs.2000/- each which amount shall be paid within a period of 10 days.

Appealsdisposedof in,the abovetei/iTis.

INDERMEET KAUR, J JANUARY 16, 2018 Ndn CrI. Appeals No. 626/2012, 879/2012, 1001/2013 £ 1667/2013