Delhi District Court
Fir No. 743/01 State vs . Anil Kumar Aggarwal Ps:Shalimar Bagh on 16 September, 2019
FIR No. 743/01 State Vs. Anil Kumar Aggarwal PS:Shalimar Bagh
IN THE COURT OF MRS. EKTA GAUBA MANN:
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
NORTH-WEST, ROHINI COURTS,
DELHI
Unique ID No. 536930-16
State Vs. Anil Kumar Aggarwal
FIR No : 743/2001
P.S. Shalimar Bagh
U/s 3 of Delhi Public Gambling Act
ORDER ON SENTENCE
16/09/2019
Present: Ms. Geeta Bansiwal, Ld. Sub. APP for the State.
Convict Anil Kumar Aggarwal in person with Ld. Counsel Sh.B.B. Sharma.
This case is fixed today for orders on the point of sentence.
Arguments on the point of sentence heard. Ld. counsel for the Convict Anil Kumar Aggarwal contended that Convict Anil Kumar Aggarwal is the sole bread earner of his family and is aged about 50 years old and he has his wife, three minor children including two sons and one daughter and old aged parents to support and look after and therefore, a lenient view may kindly be taken against the convict Anil Kumar Aggarwal. Ld. counsel for the Convict Anil Kumar Aggarwal further contended that convict Anil Kumar Aggarwal is not a previous convict and therefore, convict Anil Kumar Aggarwal may kindly be released on probation.
On the other hand, Ld. Sub. APP for the State State Vs. Anil Kumar Aggarwal Page No. 1 FIR No. 743/01 State Vs. Anil Kumar Aggarwal PS:Shalimar Bagh has strongly opposed the request for grant of probation. Ld. Sub. APP for the State further contended that maximum punishment should be given to the convict Anil Kumar Aggarwal so that there should be a deterrent effect in the society.
I have carefully considered the submissions made by Ld. Sub. APP for the State as well as Ld. counsel for Convict Anil Kumar Aggarwal.
Keeping in view the fact that on 02.11.2001 at about 9:10 P.M. at H.No.AA198, 3 rd floor, Shalimar Bagh, Delhi, convict Anil Kumar Aggarwal was found present and playing satta and using the abovesaid premises as a gaming place where satta was being played on a cricket match between Pakistan and Srilanka being played at Sharjah. Also, there should be a deterrent effect in the society for the offenders playing satta on the cricket match and invoking corrupt practice in the games and trying to make easy money through wrong means and spoiling the spirit of games and in view of the aforesaid facts and circumstances, convict Anil Kumar Aggarwal does not deserves the benefit to be released on probation.
In view of the aforesaid facts and circumstances, I am of the considered view that interest of justice will be served, if for the offence punishable under section 3 of The Delhi Public Gambling Act, 1955, convict Anil Kumar Aggarwal is sentenced to simple imprisonment for a period of five months and to pay fine of Rs. 1,000/- and in default of payment State Vs. Anil Kumar Aggarwal Page No. 2 FIR No. 743/01 State Vs. Anil Kumar Aggarwal PS:Shalimar Bagh of the same, the convict shall further undergo simple imprisonment for a period of one month.
Convict Anil Kumar Aggarwal be given benefit of Section 428 Cr.PC.
Ordered accordingly.
Copy of judgment has already been supplied to the Convict Anil Kumar Aggarwal free of cost on the date of judgment itself.
Copy of order on sentence be supplied to the Convict Anil Kumar Aggarwal today itself free of cost.
Digitally signed by EKTA EKTA GAUBA
Announced in the open court GAUBA Date:
2019.09.16
16:14:13 +0530
today i.e. on 16/09/2019
(Ekta Gauba Mann)
ACMM(North -West)
Rohini Courts, Delhi
16/09/2019
State Vs. Anil Kumar Aggarwal Page No. 3