High Court of DelhiCRL.REV.P./590/2015

Rashid v. State (NCT Of Delhi)

2016-03-15Hon'Ble Mr. Justice P.S.Teji2 pages

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 590/2015 & Crl.M.B. No. 7738/2015 RASHID ..... Petitioner Through Mr.Siddharth Yadav, Adv.

versus STATE (NCT OF DELHI) ..... Respondent Through Mr.K.K. Ghai, APP for the State.

SI Pancham Kumar, PS Saket.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 15.03.2016 The present revision petition under Section 397 of Code of Criminal Procedure, has been filed by the petitioner for revision of the order dated 17th July, 2014 passed by learned Additional Sessions Judge, Saket Courts, New Delhi whereby the appeal preferred by the petitioner against the order of learned Chief Metropolitan Magistrate, convicting the petitioner under Section 411 IPC and sentencing him two years rigorous imprisonment, was dismissed. During the course of arguments, learned counsel for the petitioner has submitted that the petitioner has already undergone period of sentence of ten months and two days. The nominal roll

of the petitioner was called from the concerned Superintendent, Jail, which reflects the same position.

I have heard learned counsel for the parties at length and gone through the available records. I am of the considered opinion that the order passed by the learned CMM is upheld with the modification in the direction of sentence of imprisonment under Section 411 of Indian Penal Code, from two years rigorous imprisonment to one year rigorous imprisonment.

With the above modification in the order of sentence, the present revision petition and application are disposed of. Let a copy of this order be sent to the concerned Superintendent, Jail immediately.

Dasti.

P.S.TEJI, J MARCH 15, 2016 aa