GYARSI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition U/s 482 Cr.P.C. has been filed by the petitioner with the prayer to release the petitioner/convict on probation in case FIR No. 122/2013 under Sec. 380/454(II)/34 IPC, police station Amar Colony, Delhi.

(2.) Vide Judgment of Conviction dtd. 20/8/2018 and Order on Sentence dtd. 5/9/2018 passed by the Ld. MM-08, South East District, Saket Courts, New Delhi, the petitioner has been convicted U/s 454(II)/380/34 IPC and sentenced to SI for one year each and fine of Rs.1,000.00 each for commission of offences U/s 454 (II)/380 IPC and in default of payment of fine simple imprisonment for 2 months in addition to substantive imprisonment. Both the sentences have been directed to run concurrently and benefit of Sec. 428 Cr.P.C have also been given to the petitioner/convict.

(3.) Aggrieved by the Judgment dtd. 20/8/2018 and Order on Sentence dtd. 5/9/2018 passed by the Ld. MM, the petitioner preferred and appeal before the Sessions Court and the Ld. Sessions Court vide judgment dtd. 12/1/2023 dismissed the appeal filed by the petitioner and while dismissing the appeal of the petitioner, the Ld. Sessions Court has also dismissed the application U/s 360 Cr.P.C. read with Sec. 4 of Probation of Offenders Act filed by the petitioner.