AMIT Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' in short) against the judgment and order on sentence dtd. 19/9/2018 passed by Mr. Ajay Goel, Additional Sessions Judge/Special Judge (NDPS), Dwarka Courts, New Delhi in Sessions Case No. 440396/2016 in FIR No. 473/2015 registered under Ss. 392/397/34 of the Indian Penal Code, 1872 ('IPC' in short) at P.S. : Dwarka (South), Delhi whereby, the appellant was convicted under Ss. 392/34 IPC and sentenced to undergo, the sentence already undergone along with fine of Rs.20,000.00 (Rupees Twenty Thousand only) and in default of payment of fine of Rs.20,000.00 (Rupees Twenty Thousand only), the petitioner was directed to further undergo simple imprisonment for one month.

(2.) The present appeal has been filed on behalf of the appellant on the point of sentence so as to waive-off the amount of fine of Rs.20,000.00 (Rupees Twenty Thousand only) imposed vide order on sentence dtd. 19/9/2018. It is prayed that appellant be released on imprisonment already undergone. Learned counsel for the appellant further submits that the delay in filing the present appeal has already been condoned vide order dtd. 6/8/2019 in CRL. M.A. No. 12884/2019.

(3.) Learned counsel for the appellant contends that the appellant is from poor strata of society and is unable to pay the fine amount of Rs.20,000.00 (Rupees Twenty Thousand only). The family of the appellant is stated to consist of aged parents, who are surviving on old-age pension and it is submitted that the appellant has no source of income. It is also submitted that the appellant has already undergone sentence of about of 03 years, one month and 14 days on the date when he was sentenced for the period already undergone vide order on sentence dtd. 19/9/2018.