Delhi District Court
Ec No. 01/2008 State vs . Jogal Kishore & Anr. 1 Of 24 on 2 November, 2011
IN THE COURT OF SHRI R.K. GAUBA: DISTRICT JUDGE
& ADDITIONAL SESSIONS JUDGE I/C, SOUTH DISTRICT:
SAKET NEW DELHI
EC No. 01/2008 FIR No. :107/91
ID No. 02403R0044362000 PS :Defence Colony
U/Sec. 7/10/55 E. C. Act.
State
Versus
1. Jugal Kishore s/o Shanker Lal
R/o H. No. 131H19, Sector7,
Rohini, New Delhi, Operation Officer
Indian Oil Corporation Tikri Bottling Plan,
New Delhi.
2. Ramsarup s/o Mangu Ram,
R/o B496, J. J. Colony, Madipur,
New Delhi, Operator, IOC LPG Bottling
Plant, Tikri Kalan, New Delhi.
(Since dead, proceedings dropped
vide order dated 01.02.2006)
3. V. R. S. Reddy
s/o V. V. S. Reddy
R/o VPO Venkanapalum via Manibolu
Mandalam, Dist. Nellore (A.P.)
(discharged vide order dated 09.10.2002)
EC No. 01/2008 State Vs. Jogal Kishore & anr. 1 of 24
4. S. Malkiat Singh s/o late Mohinder Singh,
R/o Village Sahalon Tehshil Nawanshahar
Jallandhar (Punjab), Tanker Driver M/s Malik's Bulk LPG
TPT (India), 27/35, Shivaji Park, Punjabi Bagh, Delhi.
(Could not be arrested & declared Proclaimed Offender).
Instituted on: 05.03.1994.
Judgment reserved on: 02.11.2011.
Judgment pronounced on: 02.11.2011.
J U D G M E N T
1. Accused Jugal Kishore has faced this trial mainly on the allegations that on 03.03.1991, he along with coaccused Malkiat Singh (Proclaimed Offender) and Ramsarup (since dead) had entered into a criminal conspiracy to allow tanker no. HNU 9959 (hereinafter referred to as "the tanker") containing 12180 Kgs of liquefied petroleum gas (LPG) of Indian Oil Corporation (IOC), a Public Sector Company, without complete decantation, interalia, by falsely manufacturing documents so as to show that the entire LPG carried in the said tanker had been decanted and allowed it to go out side Tikri Kalan Plant of IOC, with dishonest intent of diverting the supply to unapproved channels EC No. 01/2008 State Vs. Jogal Kishore & anr. 2 of 24 of distribution. It is further alleged that the documents which were falsely manufactured included check list, TT unloading sheets dated 03.03.1991, Weighment card, TT safety check list cumloading advice, daily activity report and gate pass. As per the prosecution, on the basis of the said falsely manufactured documents, the tanker was allowed to go out of the plant and was found, on 11.03.1991, to be unauthorisedly parked at Batra Petrol Pump in the area of Police Station Defence Colony with the object of illegal supply of LPG, in contravention of clauses 3(2) &(4) of Liquefied Petroleum Gas (Regulation of Supply & Distribution) Order 1988 issued by the Central Government in exercise of its powers under Section 3 of Essential Commodities Act, 1955 (hereinafter referred to as "the E.C. Act"). The prosecution charged the accused with having committed offences punishable under Sections 420 read with Section 120B IPC, Sections 468/471 read with Section 120B IPC and Section 7 of Essential Commodities Act.
2. The FIR which was registered on the basis of complaint dated 16.03.1991 of Sh. Rajeev Kumar, Inspector (Food & Supplies) of Govt. of NCT of Delhi was taken up for investigation. As EC No. 01/2008 State Vs. Jogal Kishore & anr. 3 of 24 indicated above, Malkiat Singh came to be declared a proclaimed offender, he not being arrested despite efforts. The charge sheet laid on conclusion of investigation on 05.03.1994 sought trial of the accused Jugal Kishore and the other person Ramsarup (since deceased). It also mentioned the name of V.R.S. Reddy, Operations Officer of Indian Oil Corporation, Tikri Kalan in column no.2. The accused Jugal Kishore with the said two others, i.e. including V.R.S. Reddy were summoned vide order dated 11.04.1994.
3. After compliance with the provisions of Section 207 Cr.P.C., the question of charge was considered by my learned Predecessor vide order dated 09.10.2002. V.R.S. Reddy was discharged while charges were found made out for the aforementioned offences against accused Jugal Kishore and coaccused Ramsarup (since deceased). Formal charge was framed on 30.01.2003, to which accused pleaded not guilty and claimed trial.
4. After the plea against the charge had been recorded, the prosecution was called upon to adduce evidence. Ramswarop died midway the trial and upon this fact being confirmed, my EC No. 01/2008 State Vs. Jogal Kishore & anr. 4 of 24 learned Predecessor recorded the proceedings against him to have abated, as per order dated 16.02.2006.
5. Thus, the trial continued and has been faced only by accused Jugal Kishore.
6. In the course of trial, prosecution examined following 29 witnesses:
(i) SI Mahabir Singh (PW1) of police station Defence Colony;
(ii) Inspector Ashutosh Chatterji (PW2) posted as SHO Police Station Defence Colony;
(iii) Rajeev Kumar (PW3) who was working as Inspector posted in Enforcement Branch of Food & Supply Department;
(iv) Swaroop Singh Vats (PW4) who was working as Manager with one M/s Saroj Enterprises Gas Agency;
(v) Dharmender Singh (PW5), Inspector Enforcement;
(vi) ASI Charan Das (PW6), duty officer;
(vii) A.K. Gupta (PW7), Manager in Indian Oil Corporation;
(viii) Rajeev Narula, (PW8) Operation Officer of IOC Tikri Kalan;
(ix) Umesh Kumar (PW9), Chief Plant Manager, IOC; EC No. 01/2008 State Vs. Jogal Kishore & anr. 5 of 24
(x) Kishan Lal Katiyar (PW10), Senior Charge Man, IOC;
(xi) Hans Raj (PW11), Senior Foreman, IOC;
(xii) S. K. Aggarwal (PW12), Operation Officer, IOC;
(xiii) V. K. Chowdhary (PW13) Chief Plant Manager, IOC;
(xiv) Shiv Kumar Sharma (PW14), Operator, IOC;
(xv) Jai Prakash Narayan Singh (PW15), dealing clerk from Ministry of Petroleum;
(xvi) R. K.Sharma, (PW16), Head Clerk of Food & Civil Supplies Department;
(xvii) Jitender Kumar, (PW17), Property Clerk from District Nazir Office;
(xviii) Mahender Singh (PW18), Sub Inspector of Anti Hoarding Cell of Delhi Police;
(xix) Prem Sagar Malik (PW19), attorney holder of the transport company owning the tanker carrying LPG; (xx) Rajesh Malik (PW20), registered owner of the tanker; (xxi) Dr. M. A. Ali, Sr. Scientific Officer, (PW21); (xxii) HC Mahender Singh (PW22);
(xxiii) G. V. Mishra (PW23), Manager Coordination with IOC at ONGC Plant, Hazira;
EC No. 01/2008 State Vs. Jogal Kishore & anr. 6 of 24 (xxiv) Jai Pal Singh Bhandari (PW24) Inspector in CIFS posted in Hazira ONGC plant;
(xxv) Mano Ranjan Bharari (PW25), Superintendenting Engineer, in ONGC posted at Hazira;
(xxvi) Sanjay Kumar (PW26), official of Food & Supplies Department;
(xxvii) HC Mahipal Singh (PW27) of Anti Hoarding Cell, Food & Supply;
(xxviii) I. J. Singh, (PW28), Inspector Food & Supply Department; and (xxix) Inspector Kailash Chander (PW29), the investigating officer (I.O.).
7. After the prosecution evidence had been concluded, the statement of the accused Jugal Kishore has been recorded under Section 313 Cr.P.C. In his statement, accused Jugal Kishore admitted the correctness of the entire evidence adduced by the prosecution during the trial, his plea only being that now he was leading a retired life and suffering from Hepatitis B. He also referred to he having faced this trial for almost 20 years without any absence or wilful negligence. His wife, son and one EC No. 01/2008 State Vs. Jogal Kishore & anr. 7 of 24 grandson were murdered in February 2004. He has prayed for a lenient view. Apparently for this reason, he also declined to lead any evidence in his defence.
8. I have heard Sh. R. S. Yadav, Chief Public Prosecutor for the State and Sh. Sanjeev Kumar, advocate for the accused. I have gone through the record.
9. PW9 deposed about the contract with transporter M/s Malik Bulk LPG Transport India to whom tanker belonged. He deposed that on 16.02.1991 safety cum check list/loading advice was issued from Hazira Plant to Tikri Kalan, Delhi. As per his evidence the tanker was driven by Malkiyat Singh (Proclaimed Offender). He deposed that on 22.02.1991 the said tanker carrying 12640 Kgs LPG had left Hazira Plant for Tikri Kalan plant. He stated that on 28.02.1991 the said tanker had came to the Tikri Kalan at plant 06.20 PM vide main gate register entry Ex. P1 and, on 03.03.1991, it was taken for decantation inside the plant through gate no.3 in Bshift vide entry register Ex. P2 with reported quantity of LPG as 12640 Kgs. The relevant entry was proved by his as Ex. PW 3/D. He further deposed that as per outgate entry, the tanker was taken out at EC No. 01/2008 State Vs. Jogal Kishore & anr. 8 of 24 07.50 PM vide weighment card Ex.PW 3/F. As per the said record the tanker was decantated and left empty on 03.03.1991 wherefore payment advice Ex. A was issued to the transporter.
10.PW1 has deposed that pursuant to DD no.12A dated 11.03.1991, he had reached the spot and found the tanker containing LPG gas was lying abandoned. He brought the same to police station and informed the Indian Oil Corporation and Anti Hoarding Cell.
11. As per evidence of PW2, on coming to know about the tanker (Ex.P1) from SI Mahabir Singh, he had informed Civil Supplies Officer and pursuant thereto Inspt. Food & Civil Supplies Dharmender Singh had taken into possession the tanker on 14.03.1991 vide memo Ex. PW 2/1.
12.PW5 deposed that on 14.03.1991 he, in the presence of Inspector Rajeev Kumar of Food & Supply and SHO Ashutosh Chatterjee seized the tanker vide memo Ex. PW 2/A which was taken to Tikri Kalan plant for decantation of gas and handed over same to A. K. Gupta (PW7) vide memo Ex. PW 5/A.
13.PW13 deposed about the tanker having been decantated on 14.03.1991 having 12,180 Kgs LPG in the same. PW13 deposed EC No. 01/2008 State Vs. Jogal Kishore & anr. 9 of 24 that gate pass for the release of the tanker with safety certificate was signed by accused Jugal Kishore. PW13 proved handing over of documents AC5 challan, gate passes from Hazira, Tikri Kalan, Duty Roster of staff and officers, register of main gate, licence area gate vide memo Ex. PW 3/B and stock statement (daily activity report) and other documents (Ex. POW 3/N) vide memo Ex. PW 13/A and 13/B.
14. PW3 had moved an application before Collector (Food & Supply) for decantation of LPG gas and pursuant to order dated 14.03.91, the tanker seized vide memo Ex. PW 2/1 was got decanted at Tikrikalan.
15.PW8 deposed that on instructions of A. K. Gupta, Manager Plant, he had got the tanker decanted and identified his signatures on the certificate Ex. PW 3/M, weighment card Ex. P6 and superdari memo Ex. PW 5/A.
16.PW19 deposed about informing officials of IOC regarding return of tanker without unloading and seizure of the tanker by the police and having taken back the tanker on superdari.
17. PW3 had also seized documents such as original entry register Ex.P1 having entry dated 28.02.1991 regarding entry of tanker EC No. 01/2008 State Vs. Jogal Kishore & anr. 10 of 24 (P1); containing entry Ex. PW 3/C, original LPG bulk register Ex.P2 having entry after decantation of the LPG gas Ex. PW 3/D; Register of tank/truck unloading from 26.02.1991 to 12.03.1991 Ex. P3 having entry Ex. PW 3/E; copy of gate pass Ex. PW 3/F; copy of stock transfer challan cum advise dated 22.02.1991 Ex. PW 3/G; copy of gate pass for removable excisable goods from factory Ex. PW 3/H; copy of ONGS deliver voucher cum gate pass Ex. PW 3/I, in the presence of I. J. Singh another Inspector Food and Supply.
18. PW3 also proved copy of LPG Supply & Regulation Gas Control Order, 1988 Ex. PW 3/K. He also proved seizure of documents Ex. A1 to A5 from Prem Sagar Malik of M/s Malik Bulk LPG Transport. He further proved memo Ex. PW 5/A prepared after decantation of 12180 Kgs gas vide weighment certificate Ex. PW 3/M and weighment card Ex. A6.
19.PW3 deposed that he made complaint dated 16.03.1991 along with documents on the basis of which FIR was registered and documents handed over by him were seized by the IO vide memo Ex. PW 3/N.
20.PW27 proved that SI Kailash handed over him rukka and he EC No. 01/2008 State Vs. Jogal Kishore & anr. 11 of 24 took it to police station Defence Colony and got the case registered.
21. PW6 had registered the case FIR No. 107/91 and proved the copy of FIR as Ex. PW 6/A.
22.PW9 further deposed that V. K. Chaudhary, Chief Plant Manager informed that the tanker was seized by police with 12180 Kgs LPG. Thereafter, all documents including main gate register, gate pass, loading advise register etc. were checked and it was learnt that on 03.03.1991 T. P. Garg, Operation Officer was on duty and accused Jugal Kishore was operation officer in B shift and V. R. S. Reddy was on duty in general shift from 9 AM to 5 PM for decantation of railway wagons. PW9 further deposed about the signature of accused Jugal Kishore on the check list, gate pass and that V. R. S. Reddy informed that Ramsarup had obtained his signatures on weighing card.
23.As per PW9, the enquiries had showed that Jugal Kishore had kept Ramsarup on over time duty without permission of any senior officer. He further deposed that on the date in question, there were three operators on duty in B shift and there was no EC No. 01/2008 State Vs. Jogal Kishore & anr. 12 of 24 need to keep Ramsarup on overtime duty and that after 07.30 PM, only accused Jugal Kishore and accused Ramsarup (since deceased) had remained at TLD pump duty.
24.PW9 further proved entries of out register of gate no. 3 in Ex. PW 3/D at serial no. 13 at point "B" encircled in red pen and entry of register of Gate no.1 Ex. PW 3/C. He deposed that as per the weighing card record net weight of LPG 13120 Kg, 460 Kgs LPG was decanted at their plant on 03.03.1991 within only 10 minutes, which was not possible.
25. PW10 deposed that on 03.03.1991, he was on duty in general shift whereas Jugal Kishore was Operation Officer Grade1 on duty in B shift from 2 PM to 10 PM at platform of TLD Point where LPG tankers were decanted. He deposed that at 05.00 PM, he along with Reddy had left the plant.
26.PW11 deposed that he was working as Operator that he, Shiv Kumar and I. Kujur were on duty in B shift from 2 PM to 10 PM and both of them left at 05.00 PM since Jugal Kishore had reported for duty and would look after the decantation work, he being the operation officer. He further deposed that Jugal Kishore had come on duty along with Ramsarup, operator, who EC No. 01/2008 State Vs. Jogal Kishore & anr. 13 of 24 was not (officially) on duty at that time. He stated that Jugal Kishore along with said Ramsarup had gone to weigh bridge for weighing the tanker and had come to the platform for decantation at 07.00 PM. He deposed that the decantation process was done only for 10 minutes and after the process had begun, he with the other took leave from Jugal Kishore and left the place as they were to report back for duty on the following day at 06.00 AM. PW11 further deposed that in the morning of 04.03.1991, he along with Shiv Kumar and I. Kujur had reported for duty at 06.00 PM and found that two tankers which had been stationed by them at the place last evening were not there. He further deposed that at about 06.00 AM, Ram Saroop came to the plant and on inquiry told that the said two tankers had been decantated.
27. PW14 has deposed that on 03.03.1991 he was working as operator and on duty along with Hans Raj Sharma, I. Kujoor from 02.00 to 10.00PM. His evidence corroborate that of PW11 Hans Raj, on all material aspects.
28.PW20 deposed about driver having brought the tanker to his office after decantating and he having later noticed the tanker EC No. 01/2008 State Vs. Jogal Kishore & anr. 14 of 24 to be containing some gas. He further deposed that gas was later decantated at IOC bottling plan Tikri Kalan and he having taken the tanker on superdari and providing biodata of the driver Malkiyat Singh to police.
29.PW13 deposed that on 11.03.1991 at 08.00 PM, the owner of the tanker informed him that tanker was not decantated completely at the plant and, on investigation, it was found that tanker was taken for unloading inside Tikri Kalan Plant during Reddy's shift which ended at 05.00 PM and so it had been decided to unload the tanker on the next day. He further deposed that accused Jugal Kishore had released the tanker on 03.03.1991 itself at around 07.50 PM. He further stated that it was not possible to complete the unloading of tanker in 20 minutes.
30.PW12 had prepared daily activity reports on 03.03.1991 and 04.03.1991 and proved the same as Ex. PW 12/A and Ex. PW 12/B. He deposed that on 03.03.1991 he detected a loss of 14.329 metric tones of LPG and on 04.03.1991, 135.40 metric tones excess LPG as HS2 reading was not correct.
31. PW15 proved the copy of Gazette Notification of Government EC No. 01/2008 State Vs. Jogal Kishore & anr. 15 of 24 of India regarding Liquefied Petroleum Gas (Regulation of Supply & Distribution) Order, 1988 vide Ex. PW 15/A. PW16 proved the receipt of copy of Ex. PW 15/A from the Ministry of Petroleum.
32.PW17 proved deposit of sale proceeds amounting to Rs. 78,701/ vide copy Ex. PW 17/A. PW7, when examined was unable to recollect anything. However, on crossexamination by Additional Public Prosecutor he admitted that Ex. PW 7/A bears his signature regarding depositing of amount of Rs. 78071/ with District Nazir.
33.PW3 has further proved documents seized by him from the truck vide memo Ex. PW 3/O. He proved arrest of accused Ramsarup (since deceased) vide personal search memo Ex. PW 3/B; arrest of accused V.R.S. Reddy (already discharged) vide memo Ex. PW 3/Q. He further proved admitted handwriting documents from accused Jugal Kishore in his presence vide memo Ex. PW 3/S and specimen handwriting of accused Jugal Kishore and other persons as Ex. PW 3/T1 to 23.
34.PW18 had participated in investigation of this case and proved personal search memo of accused Jugal Kishore as Ex. PW 3/P EC No. 01/2008 State Vs. Jogal Kishore & anr. 16 of 24 and memo Ex. PW 3/S vide which specimen handwriting and admitted handing writings of accused were taken into possession.
35.PW21 had examined the specimen handwritings and proved his detailed report as Ex. PW 21/A and 21/B.
36.PW22 deposed about he having joined investigation with the I.O. and accompanying him to Hazira Gujarat where documents were seized vide Memos Ex. PW 22/A, 13/B and 22/C, all bearing his signatures.
37. PW23 deposed about handing over documents, i.e. original safety checkcumloading advice, original delivery voucher cumgate pass etc. (Ex. PW 23/B1 to B5) which were taken into possession vide memo Ex. PW 23/A. He also proved the HSD filling memo Ex. PW 23/C,
38. PW24 proved handing over of the attested true copy of material gate pass no. 40 to 60 which also contained entry no. 46 pertaining to tanker in question, seized vide memo Ex. PW 22/C and certified copy (Ex. PW 24/A) reflecting entry of tanker coming out from Hazira ONGC plant.
39. PW25 proved document of truck retrieval report vide Ex. PW EC No. 01/2008 State Vs. Jogal Kishore & anr. 17 of 24 25/A, original certificate issued by ONGC Finance Department regarding receipt of payment concerning the aforementioned consignment from IOC vide Ex. PW 25/. He testified that both documents were handed over to police vide memo Ex. PW 22/B bearing his signatures.
40.PW26 has produced the original record pertaining to seizure of tanker, order of Collector Ex. PW 26/A, compliance of order Ex. PW 7/B and photo copy of receipt of amount deposited in treasury vide Ex. PW 17/A.
41. PW28 deposed that on information on 12.03.1991, about the tanker containing LPG, he had visited the police station and had come to know that the name of the driver was Malkiat Singh. He further testified that on 15.03.1991 he along with Inspt. Rajeev Kumar had visited the LPG plant and seized certain documents vide memo Ex. PW 3/B.
42.PW29, the I.O., testified about various steps taken by him during the investigation.
43. Since the accused during his statement under Section 313 Cr.P.C. has voluntarily admitted the veracity and correctness of the entire evidence led by the prosecution on record, there is no EC No. 01/2008 State Vs. Jogal Kishore & anr. 18 of 24 reason for the same to be disbelieved. On careful appraisal, I am satisfied that the evidence led is credible and deserves to be acted upon. The sequence of events brought out through the evidence of prosecution unmistakeably shows that the accused was instrumental in the process of decantation of the tanker carrying LPG to be stopped midway. For this, he seems to have taken the help of another person and on the basis of forged records, which act is also attributable to him, in the over all facts and circumstances, he allowed the tanker to be taken out of the Tikari Kalan Plant of OPC with almost entire contents of LPG supply still within the chamber of the tanker. The tanker was later found with the said contents at a place out side Tikari Kalan plant of IOC,which would not have been possible except with the dishonest intention of the LPG supply being diverted to sources other than the authorised recipient, namely IOC.
44.The above facts, thus, stand proved on record beyond pale of all doubts. These facts constitute offences punishable under Sections 420 read with Section 120B IPC, 468 & 471 read with Section 120B IPC and under Section 7 of Essential Commodities Act for which the accused was put to trial. EC No. 01/2008 State Vs. Jogal Kishore & anr. 19 of 24
45.Thus, the prosecution has brought home the guilt of the accused on all counts. He is held guilty and convicted for offences under Sections 420 read with Section 120B IPC, Sections 468 & 471 read with Section 120B IPC and under Section 7 of Essential Commodities Act.
Announced in open Court today on this 2nd day of November, 2011 (R.K. GAUBA) District Judge & Additional Sessions Judge, I/C, South District Saket, New Delhi EC No. 01/2008 State Vs. Jogal Kishore & anr. 20 of 24 IN THE COURT OF SHRI R.K. GAUBA: DISTRICT JUDGE & ADDITIONAL SESSIONS JUDGE I/C, SOUTH DISTRICT:
SAKET NEW DELHI EC No. 01/2008 FIR No. :107/91 ID No. 02403R0044362000 PS :Defence Colony U/Sec. 7/10/55 E. C. Act.
State Versus Jugal Kishore s/o Shanker Lal R/o H. No. 131H19, Sector7, Rohini, New Delhi, Operation Officer Indian Oil Corporation Tikri Bottling Plan, New Delhi.
ORDER ON SENTECE
1. Jugal Kishore who stood trial as accused in this case has been found guilty and convicted for offences under Sections 420 read with Section 120B IPC, Sections 468 & 471 read with Section 120B IPC and under Section 7 vide judgment passed earlier today. The judgment has been rendered on the basis of evidence adduced by the prosecution as also admission of the veracity and correctness of the said evidence candidly and voluntarily made by the convict himself during his statement EC No. 01/2008 State Vs. Jogal Kishore & anr. 21 of 24 under Section 313 Cr.P.C. On the request of the counsel for the convict, the question of sentence has also been taken up for consideration today.
2. I have heard Sh. R. S. Yadav, Chief Public Prosecutor for the State and Sh. Sanjeev Kumar, advocate for the convict on the question of sentence. I have gone through the record.
3. It has been submitted on behalf of the convict that he is now in advanced stage of his life, he being 65 years of age, leading a retired life and suffering from Hepatitis B. It has been further submitted that his wife, son and one grandson were murdered in 2004. The counsel for the convict prayed for he to be spared the sentence of incarceration for the added reason that he has undergone the agony of these proceedings now for over 20 years. He is not a previous convict. He also submitted that under the provisions of Essential Commodities (Special Provisions) Act 1981, this case required to be tried through summary trial procedure with restriction of sentence upto two years only. Given the facts and circumstances of the case, the trial which should have ended expeditiously, became a prolonged one spanning over two decades of time. EC No. 01/2008 State Vs. Jogal Kishore & anr. 22 of 24
4. In my considered opinion, in the totality of facts and circumstances of the case as indeed of the convict, it would be too harsh to now send the convict to jail to undergo imprisonment at this distance of time after the commission of crime. Ends of justice would stand achieved if the convict is released on probation of good conduct, with rider of he being made to compensate the State for the inconvenience caused requiring the investigating agency to be mobilized to unearth facts, launch and pursue prosecution and bring it to a logical end.
5. For the forgoing reasons, regard being also had to the age, character and antecedents of the convict and to the circumstances of the case, it being expedient to do so, it is directed that the convict instead of being sentenced at once to any punishment, be released on he entering into a bond of Rs.
20,000/ (Twenty thousand) with one surety in the like amount to be of good conduct and behaviour during a period of three years and on further condition of he depositing as compensation. to the Government, an amount of Rs. 50,000/ (Rs. Fifty thousand) and in case of breach of the conditions EC No. 01/2008 State Vs. Jogal Kishore & anr. 23 of 24 hereby imposed to appear and receive the sentence when called upon during the said period of three years Ordered accordingly.
6. A copy of the judgment and order on sentence be given free of costs to the convict.
7. File be consigned to record room.
Announced in open Court today on this 2nd day of November, 2011 (R.K. GAUBA) District Judge & Additional Sessions Judge, I/C, South District Saket, New Delhi EC No. 01/2008 State Vs. Jogal Kishore & anr. 24 of 24