Dalbir Singh v. State
Case brief
What is this about?
In Crl.Rev.P.270/2015, upheld conviction of a first-time offender under Sections 279/304 IPC but modified the sentence, declaring the period already undergone as substantive sentence and granting release since he had served sufficient duration.
What did the court decide?
The sentence order was modified to reckon the period of incarceration already undergone as substantive sentence, releasing the petitioner from further jail time.
What the court decided
$-31
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
DECIDED ON : 8th JANUARY, 2016
+ CRL.REV.P. 270/2015
DALBIR SINGH ..... Petitioner
Through : Mr.S.B.Dandapani, Advocate.
versus
STATE (GNCT OF DELHI) ..... Respondent Through : Mr.Izhar Ahmad, APP. ASI Shyam Sunder.
CORAM:
HON’BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Oral)
- Present revision petition has been filed by the petitioner to challenge the legality and propriety of a judgment dated 31.07.2014 of learned Addl. Sessions Judge in Crl.A. 08/2014 whereby judgment dated 18.02.2014 of learned Metropolitan Magistrate convicting him under Sections 279/304A IPC was upheld. The petitioner was sentenced to undergo RI for two years with fine `500/-.
Issues for consideration
3 issues framed by the court
Whether the petitioner, convicted under Sections 279/304 IPC and partially served his sentence, should be released on the grounds of having undergone sufficient incarceration time and clean antecedent
Whether the period already undergone by the petitioner as jailer should be considered as substantive sentence.
Whether the sentence order should be modified considering the petitioner has served the sentence for a sufficient duration.
Parties & counsel
- petitioner
Dalbir Singh
- respondent
State (GNCT of Delhi)
Coram
S.P.Garg
Case details
As recorded by the court registry
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