High Court of DelhiCRL.REV.P./403/2015

Shyam Pal v. Dayawati Besoya & ANR

2016-02-22Hon'Ble Mr. Justice P.S.Teji2 pages

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 403/2015 SHYAM PAL ..... Petitioner Through Mr.Jayant K. Sud, Mr.Pranshu Dhingra & Mr.Honey Khanna, Advs.

versus DAYAWATI BESOYA & ANR ..... Respondent Through Ms.Meenakshi Chauhan, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.02.2016 Crl.M.A. 3230/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.A. 3229/2016 (Modification) In the present case, this Court disposed of the revision petition vide order dated 08.02.2016 while modifying the order of the Trial Court only to the extent as under :

"Considering the facts and circumstances, the default sentence for non-payment of compensation amount of Rs.6,50,000/- is reduced to simple imprisonment for three months.

The revision petition stands disposed of in the above terms."

Now the present application has been moved for modification of order dated 08.02.2016 to release the petitioner as he in custody since 25.02.2015 and his custody be calculated with effect from 25.02.2015 for the purpose of calculating the sentence period of 10 months and sentence of 3 months in default for non-payment of fine. After hearing the learned counsel for the petitioner, this Court is of the considered opinion that calculation of the period of sentence and releasing of the person is within the domain of the Superintendent Jail as per the record maintained by them. This Court is further of the view that no direction is required to be given in this case about the calculation of sentence in a particular manner which is the sole domain of the Jail Authority. No correction or modification is called for. The order is self explanatory.

Application is accordingly dismissed being devoid of merit. P.S.TEJI, J FEBRUARY 22, 2016 dd