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[Cites 3, Cited by 0]

Delhi District Court

Satya Pal vs State on 2 April, 2013

                IN THE COURT OF SH. NARINDER KUMAR
             ADDITIONAL SESSIONS JUDGE (CENTRAL) DELHI

Crl. Appeal No.49/13

Satya Pal,
S/o Sh. Puran Lal,
R/o A­76, Gandhi Vihar,
Delhi.                                                            .....Appellant

                       Versus 

State                                                             .....Respondent

Date of Institution:26.03.2013
Date of Judgment: 02.04.2013

                                       JUDGMENT

Present appeal has been filed against judgment of conviction and sentence passed by learned Trial Magistrate on 10.12.2012, whereby appellant has been convicted of offences U/s 185 of Motor Vehicles Act and sentenced as under :­ Simple Imprisonment for 15 days and Fine of Rs.2,000/­ U/s 185 of Motor Vehicle Act. In default of payment of fine to undergo SI for 2 days.

2. Heard. File perused.

3. Accusation leveled against the accused is that on 07.12.2012, at about 9.00 p.m., he was found driving a Tourists Bus No.DL­1PC 0619 under the influence of liquor. The extent of alcohol, when checked, was found to be 152.3 mg./100 ml.

Crl. Appeal No.49/13 1

4. A perusal of Trial Court Record would reveal that the accused voluntarily confessed his guilt and on its basis, he has been held guilty, convicted and sentenced.

In the course of arguments, Appellant and his learned counsel have not challenged findings recorded by learned Metropolitan Magistrate on the point of conviction for the aforesaid offence. The only submission put forth by Learned counsel for appellant is for release of appellant on probation so as to afford him an opportunity to reform himself.

In support of submission for release on probation it has been submitted that appellant is not the previous convict. Appellant assures not to indulge in driving while drunk.

Record does not reveal that the appellant was ever challaned for same offence earlier. Appellant states that he has already deposited amount of fine with Trial Court. This court has verified the address of the accused appellant from his Driving License available on Trial Court Record. Sh. Vinod Kumar, a friend of the appellant is accompanying him. He also assures that appellant shall not drive while drunk. Having regard to all this, court deems it to be a fit case to extend to the appellant benefit of provisions of Sec.4 of Probation of Offenders' Act.

5. In view of the above discussion, the appellant is ordered to be released on probation U/s 4 (1) of Probation of Offenders Act on his furnishing personal Crl. Appeal No.49/13 2 bond and one surety bond in the sum of Rs.10,000/­ each undertaking to appear and receive sentence as and when called upon do so by the Trial Court, during a period of one year, and also to keep the peace and good behaviour during said period.

The amount of fine stated to have already been deposited by the appellant with the Trial Court shall be treated as costs of proceedings imposed U/s 5 of Probation of Offender Act. Trial Court to verify from the record the factum of deposit of fine. In case, same has not been deposited, the documents of the accused - appellant retained on record of the Trial Court, to be released, on deposit of amount of Rs.2000/­ to the costs of proceedings.

Copy of the judgment be sent to the Trial Court.

Appeal file be consigned to Record Room.



Announced in Open Court 
on 02.04.2013                                   (Narinder Kumar )
                                     Addl. Sessions Judge(Central), Delhi.




Crl. Appeal No.49/13                     3