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Delhi High Court - Orders

Prahlad Kumar vs State Nct Of Delhi on 13 July, 2022

Author: Talwant Singh

Bench: Talwant Singh

                      $~46
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +    CRL.A. 311/2022 & Crl.M.A.No 13196/2022, Crl.M.B.No.849/2022
                           PRAHLAD KUMAR                                ..... Appellant
                                           Through: Mr. Deepak Ghai and Mr. Rahul
                                                      Sharma, Advocates.
                                           versus
                           STATE NCT OF DELHI                           ..... Respondent
                                           Through: Ms. Meenakshi Chauhan, APP for the
                                                      State.
                                                      SI Hawa Singh, PS Mangol Puri.

                             CORAM:
                             HON'BLE MR. JUSTICE TALWANT SINGH
                                                    ORDER

% 13.07.2022 Crl.M.A.No 13196/2022 (Exemption)

1. Allowed, subject to all just exceptions.

CRL.A. 311/2022

2. This is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment dated 07.12.2021 and order on sentence dated 24.05.2022. The substantive part of the sentence regarding the present appellant is reproduced as under:-

"Convicts Prahlad Kumar and Raj Kumar:-
(i) Fine of Rs.1000/- each for commission of offence under Section 186 Indian Penal Code, 1860. In default of payment of fine, the convicts shall undergo simple imprisonment for 3 days;
(ii) Fine of Rs.5000/- each for commission of offence under Section 353 Indian Penal Code, 1860. In default of payment of fine, the convicts shall undergo imprisonment for 10 days;
CRL.A. 311/2022 Page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:13.07.2022 17:28:09
(iii) Fine of Rs.7500/- each for commission of offence under Section 332 Indian Penal Code, 1860. In default of payment of fine, the convicts shall undergo simple imprisonment for 15 days;
(iv) Rigorous imprisonment for one year and fine of Rs.10,000/-

each for commission of offence under Section 333 Indian Penal Code, 1860. In default of payment of fine, the convicts shall undergo simple imprisonment for 20 days."

3. Learned counsel for the appellant submits that the appellant shall deposit the fine within one week from today before the trial Court.

4. The appellant has been sentenced to undergo Rigorous Imprisonment for one year under Section 333 IPC. The appeal is admitted and the same will be heard in due course.

Crl.M.B.No.849/2022

5. Since, the appellant is stated to be on bail, keeping in view that fact that he is only awarded one year's Rigorous Imprisonment under Section 333 IPC, the sentence is suspended during the pendency of the appeal subject to execution of person bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Trial Court.

6. The application stands disposed of.

TALWANT SINGH, J JULY 13, 2022/mr Click here to check corrigendum, if any CRL.A. 311/2022 Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:13.07.2022 17:28:09