Delhi District Court
Vp Sharma vs The State (Nct Of Delhi) on 19 July, 2013
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
Crl. Appeal No.45/13
VP Sharma
S/o Sh Kailash Sharma
F120 Mahavir Enclave
PartIII, Gali no.82
New Delhi59
.......... Appellant
Versus
The State (NCT of Delhi)
........... Respondent
ORDER
The present criminal appeal u/s 375 Cr.PC has been filed against Order dated 15.05.2013 passed by Sh Manoj Kumar, Ld. MM while disposing of challan no.49987 against vehicle no.DL9SX 0960 thereby convicting the accused/appellant u/s 185 MV Act & u/s 146/196 MV Act & sentenced him to suffer SI for 3 days and to pay fine of Rs.2000/ u/s 185 MV Act and fine of Rs.1000/ was imposed u/s 146/196 MV Act.
2. Briefly stated the facts of the case for giving rise to this present appeal are that the appellant/convict was challaned vide challan V.P.Sharma Vs. State (NCT of Delhi) CA NO. 45/13 Page No.1 of 4 no.49987 on the allegation that on 08.03.2013 at 8.35 p.m at Rajokari under Flyover, the appellant was driving vehicle no.DL 9SX 0960 in drunken condition. The content of the alcohol was tested through breath alcohol analyser instrument and it was found to be 440 mg/100 ml. The appellant was challaned and he was directed to appear before the Ld. Trial Court. On 15.05.2013 the appellant appeared before Ld. Trial court and he voluntarily pleaded his guilt. Therefore, Ld. MM convicted him for the offence punishable u/s 185 MV Act. & u/s 146/196 MV Act. After considering the facts of the case, Ld. MM sentenced the appellant as above. The appellant paid the fine before the Ld. Trial court. Thereafter, on an application moved on behalf of the appellant, the sentence was suspended till filing the appeal. Feeling aggrieved by the said order of sentence, the appellant has preferred this present appeal for setting aside the said order on sentence.
3. The present criminal appeal was received by this court on 01.07.2013. After hearing the arguments, the sentence of appellant was suspended & he was admitted to bail. The trial court record was received and thereafter I have heard the arguments from the Ld. Counsel for the appellant as well as Ld. APP for the State.
4. During the course of arguments Ld. Counsel for the appellant has argued that the condition of appellant is not good and he is very poor person and in case order dated 15.5.2013 is not set aside then the appellant shall suffer irreparable loss and injury and he can loss his V.P.Sharma Vs. State (NCT of Delhi) CA NO. 45/13 Page No.2 of 4 reputation and his family will come on road. It is further submitted that sentence is too excessive and Ld.MM has not extended the benefit of section 360 Cr.PC. It is further contended that he is the first offender. He undertakes not to repeat the same in future. Ld. Counsel further submitted that if he will be sent to jail, the company of hardcore criminal may spoil his entire life. It is stated that the order passed by the Ld. MM may kindly be set aside and accused may kindly be acquitted.
5. Ld. APP for the State has argued that the Ld. Trial court has passed the order after going through the provision of Law and application of judicious mind. There is no illegality or infirmity in the order passed by the Ld. Trial court.
6. In consideration of the submissions made by Ld. APP for the State as well as Ld. Counsel for the appellant, I have also perused the record and relevant provision of Law. The appellant has pleaded guilt u/s 185 MV Act, 146/196 MV Act. The fine imposed has been deposited before the Ld. Trial Court. The appellant has prayed for setting aside the order for suffering SI for 03 days.
7. It has been submitted that the appellant is a first offender and not previous convict. He has no criminal history. He is aged about 43 years. Keeping in view the facts & circumstances of the case & antecedents of the appellant, it would meet the ends of justice if the appellant is given an opportunity to mend himself and to learn the norms V.P.Sharma Vs. State (NCT of Delhi) CA NO. 45/13 Page No.3 of 4 of civic society. Accordingly, the SI of 03 days awarded to appellant is modified and now the appellant is directed to report to the DCP (Traffic), South West District, New Delhi at his office at 9 a.m in the morning who will depute him to assist the traffic police officials on duty at any busy traffic red light under his jurisdiction in managing/diverting traffic from 10 a.m to 5 p.m for three days w.e.f.20.07.2013 to 22.07.2013. Notice to DCP (Traffic), South West District, New Delhi be issued alongwith copy of this Judgment for compliance of the order. DCP is directed to submit the report after completion of 03 days period. However in case the appellant fails to comply the modified order, the sentence awarded by the Ld. Trial court shall come in force. Ld. Trial court is directed to get execute the above order and comply the same.
8. With these modifications, the appeal of the appellant is partly allowed. The trial court file be sent back with the copy of this order for information and further action and appeal file be consigned to record room.
Announced in the Open Court on 19.07.2013 (SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE/ SPECIAL JUDGE(NDPS) NEW DELHI V.P.Sharma Vs. State (NCT of Delhi) CA NO. 45/13 Page No.4 of 4