Manoj Kumar vs State Of Nct Of Delhi on 7 April, 2021
11. No doubt, technically, comparatively lenient view has
been taken by Ld. Trial Court while sentencing appellant, I am
of the view that sending appellant behind bars may bring him
with contact with hardened criminals who may not teach him
right lessons. Appellant is doing job and has family to support.
It has been contended that appellant is sole bread earner in his
family and sentencing him to prison may spoil his carrier
prospects in an economy shattered by Covid19 and will further
expose appellant to Covid19 itself. It should be endeavour of
court to bring about change in perverse thinking of offenders
rather than making them prone to committing more serious
offences. In the circumstances, when there is no prior
conviction of appellant proved on record by State, I am of the
view that sentencing appellant to imprisonment may operate too
harsh upon appellant. Hence, taking a lenient view in order to
subserve interest of justice, sentence of imprisonment of 02
days awarded to appellant vide impugned order for commission
Manoj Kumar Vs. State of NCT of Delhi Case Registration No. 189/2019
page no. 5 of 6
of offence u/s 185 of MV Act is modified to till rising of the
Court. Let appellant be taken into custody for TRC. Appeal
filed by appellant thus stands disposed of accordingly.