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Delhi High Court - Orders

Prithipal Singh vs State Of Nct Delhi on 13 December, 2022

Author: Amit Sharma

Bench: Amit Sharma

                          $~75
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.REV.P. 856/2022
                                 PRITHIPAL SINGH                                       ..... Petitioner
                                                    Through:      Mr. Mohit Singh, Advocate.

                                                    versus

                                 STATE OF NCT DELHI                                  ..... Respondent
                                                    Through:      Mr. Utkarsh, APP for the State with
                                                                  SI Deepak Yadav PS K.M. Pur.


                                 CORAM:
                                 HON'BLE MR. JUSTICE AMIT SHARMA
                                                    ORDER

% 13.12.2022 CRL.M.A.-26107/2022 (Exemption) Allowed, subject to all just exceptions.

Application is accordingly disposed of.

CRL.M.(BAIL) 1513/2022 This is an application under section 389 Cr.P.C. seeking suspension of sentence and release of the appellant/applicant on bail.

Learned counsel for the petitioner submits that the petitioner was taken into custody on 05.11.2022 after the pronouncement of the impugned judgement. He further submits that the petitioner was on bail during the course of the trial as well as during the pendency of the appeal. He further submits that the petitioner's daughter marriage is scheduled for 06.01.2023 at Amritsar.

Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.12.2022 16:27:03

Issue notice.

Learned APP for the State accepts notice.

Let the status report regarding the verification of the marriage and venue be filed before the next date of hearing.

List on 22.12.2022.

In the meantime, latest nominal roll to be summoned from the concerned Jail superintendant.

CRL.REV.P. 856/2022

The present revision petition under section 397/401 Cr.P.C., has been filed against the impuged judgment dated 05.11.2022 passed by the Court of Sh. Narottam Kaushal, Learned Principal District & Sessions Judge (South), Saket Courts, Delhi in Criminal Appeal no. 8206/16, whereby the Learned Principal District & Sessions Judge dismissed the appeal by upholding the judgement/order of conviction dated 25.01.2016 and order on sentence dated 30.01.2016 passed by learned CMM, South, Saket Courts, Delhi in case FIR No. 704/2005 under Section 326/452/506(II) of the IPC PS, Kotla Mubarakpur (C.B.), Delhi.

The petitioner was convicted and sentenced to undergo simple imprisonment for a period of 6 months and fine of Rs. 5,000/- for the offence under Section 452 of the IPC, one year simple imprisonment and fine of Rs. 5,000/- for the offence punishable under Section 326 IPC and simple imprisonment for a period of 6 months and fine of Rs. 5000/- for the offence punishable under Section 506(II) of the IPC. The aforesaid sentences were directed to run concurrently.

Issue notice.

Learned APP for the State accepts notice and seeks time to file the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.12.2022 16:27:03 status report. Let the same be filed before the next date of hearing.

In the meantime, lower Court record be requisitioned from the court of learned Metropolitan Magistrate, PS Kotla Mubarak Pur (C.B.), where the trial of the petitioner was conducted.

List on 22.12.2022.

AMIT SHARMA, J DECEMBER 13, 2022/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.12.2022 16:27:03