Ashok Kumar v. State (Nct) of Delhi

Delhi HC6 Dec 2025CRL.REV.P./82/2017

Case brief

AI extract

What is this about?

Criminal revision; High Court of Delhi; CRL.REV.P. 82/2017; Swarana Kanta Sharma, J.; sentence reduced to period already undergone; conviction upheld; Section 51 Delhi Excise Act, 2009; FIR No. 251/2011 Police Station Saket; Criminal Appeal No.8031/2016; fine enhanced ₹10,000 to ₹25,000; nominal roll; remission 17 days; bail bonds cancelled; surety discharged; petitioner Ashok Kumar; State (NCT) of Delhi; decision dated 06.12.2025.

What did the court decide?

Conviction upheld; sentence of imprisonment reduced to the period already undergone (about 02 months and 04 days, with remission of 17 days); fine enhanced from ₹10,000/- to ₹25,000/- payable within 15 days with compliance report to the Registry; bail bonds cancelled and surety discharged. ¶¶31

Ashok Kumar Vs State (Nct) of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's sentence of imprisonment (06 months' rigorous imprisonment) may be reduced to the period already undergone, the judgment of conviction not being assailed.

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Court's answer

Ends of justice would be met by reducing the petitioner's sentence of imprisonment to the period already undergone in relation to the present case; however, the conviction of the appellant is upheld.

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Ratio / Principle

The fine imposed on the petitioner is enhanced from Rs. 10,000/- (Rupees ten thousand) to Rs. 25,000/- (Rupees twenty-five thousand), to be paid within 15 days, with a compliance report to be filed with the Registry of this Court.

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Key takeaways

Bail bonds stand cancelled and the surety stands discharged.ratio¶¶32

Detailed headnote1 paragraphs

Delhi High Court (Dr. Swarana Kanta Sharma, J.), CRL.REV.P. 82/2017, decision dated 06.12.2025: Criminal revision petition filed by Ashok Kumar assailing the judgment dated 16.01.2017 of the learned District and Sessions Judge, South District, Saket, New Delhi in Criminal Appeal No.8031/2016, which had upheld the conviction under Section 51 of Delhi Excise Act, 2009 (FIR bearing No. 251/2011, Police Station Saket, Delhi) recorded on 16.05.2016 by the learned Additional Chief Metropolitan Magistrate, together with the order on sentence dated 23.05.2016 imposing 06 months' rigorous imprisonment and a fine of Rs. 10,000/- (default: one month's simple imprisonment). The petitioner did not assail the judgment of conviction and sought reduction of the sentence of imprisonment to the period already undergone (02 months and 04 days, with remission of 17 days earned; jail conduct satisfactory per nominal roll); the learned APP for the State raised no objection to such reduction provided the conviction was upheld. Considering the year of the FIR (2011), the custody already undergone, and the nominal roll, the Court upheld the conviction, reduced the sentence of imprisonment to the period already undergone, enhanced the fine from ₹10,000/- to ₹25,000/- payable within 15 days with a compliance report to the Registry, and cancelled the bail bonds while discharging the surety. The revision petition stood disposed of accordingly.

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 06.12.2025

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- CRL.REV.P. 82/2017 ASHOK KUMAR .....Petitioner

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Through: Mr. Avtar Singh, Advocate

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versus

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STATE (NCT) OF DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State

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CORAM:

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HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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JUDGMENT

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SWARANA KANTA SHARMA, J. ( Oral )

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The file is taken up today from the category of ‘Regular Matters’.

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Written submissions filed by the petitioner are on record.

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The instant criminal revision petition has been filed on behalf of the petitioner assailing the judgment dated 16.01.2017 passed by the learned District and Sessions Judge, South District, Saket, New Delhi in Criminal Appeal No.8031/2016, vide which the judgment dated 16.05.2016 and order on sentence dated 23.05.2016 passed by the learned Additional Chief Metropolitan Magistrate, South District,

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Signature Not Verified

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Page 1 of 3

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CRL.REV.P. 82/2017

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Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 8.12.2025 18:06:00

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Saket Court, New Delhi, arising out of FIR bearing No. 251/2011, registered at Police Station Saket, Delhi for the commission of offences punishable under Section 51 of Delhi Excise Act, 2009, ws upheld.

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On the basis of the evidence on record, the learned Trial Court had convicted the petitioner under Section 51 of Delhi Excise Act, 2009 and accordingly sentenced him to rigorous imprisonment for a period of 06 months and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of one month. The learned Appellate Court upheld the conviction and sentence of the petitioner.

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Aggrieved by the aforesaid impugned judgments, the present criminal revision petition had been preferred by the petitioner.

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During the course of arguments, the learned counsel for the petitioner submits, on instructions, that the petitioner does not assail the judgment of conviction, however, he states that a lenient view be taken in this case. It is stated that the petitioner has already undergone sentence for a period of 02 months and 04 days, out of total sentence of 06 months and considering the sentence already undergone by the petitioner, his sentence of imprisonment may be reduced to the period already undergone by him.

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The learned APP for the State submits that he has no objection if the sentence of the appellant is reduced to the period already undergone by him, while the conviction is upheld.

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This Court has heard arguments addressed on behalf of both

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Signature Not Verified

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Page 2 of 3

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CRL.REV.P. 82/2017

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Digitally Signed By:ZEENAT PRAVEEN Signing Da te:0 8.12.2025 18:06:00

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the parties and has gone through the material placed on record. 9. This Court notes that the FIR in this case pertains to the year 2011. The petitioner has already remained in judicial custody for more than 02 months (and earned remission of 17 days), out of the 06 months rigorous imprisonment awarded to him. His conduct in the jail is satisfactory, as per the nominal roll.

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Thus, considering the overall facts and circumstances of the case, and after going through the nominal roll of the petitioner, and the fact that the conviction is not being challenged, this Court is of the opinion that ends of justice would be met in case the sentence of imprisonment of the petitioner is reduced to the period already undergone by him in relation to the present case. However, the conviction of the appellant is upheld. Further, the fine imposed on the petitioner is enhanced from ₹10,000/- to ₹25,000/- to be paid within a period of 15 days and compliance report of the same be filed with the Registry of this Court.

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