VIRENDER BIDHURI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23rd May 2014 passed by the learned Additional Sessions Judge ("ASJ") in Criminal Appeal No. 56 of 2013 filed by Respondent No.2 seeking setting aside an order dated 30th August 2013 passed by the learned Metropolitan Magistrate ("MM") South -East in the case arising out of FIR No. 40/05 registered at Police Station ("PS") Sarita Vihar whereby while holding him guilty of the offence under Section 379 IPC, the learned MM had ordered release of the Appellant herein on probation of good conduct given him the benefit of Sections 4 and 12 of the Probation of Offenders Act, 1958 ("POA"). The learned MM had released the Appellant on probation of good conduct for a period of one year subject to his furnishing a personal bond in the sum of Rs.50,000 with one surety in the like amount. Additionally, the Appellant was asked to pay a compensation of Rs.3 lakhs to the government in terms of Section 5 of the POA. The learned ASJ set aside the said order of the learned MM.

(2.) BY a separate impugned order dated 23rd May 2014, the learned ASJ sentenced the Appellant to one year's rigorous imprisonment ("RI") with a fine of Rs.50,000 and in default to undergo three months' simple imprisonment ("SI") for the offence under Section 379 IPC.

(3.) MR . Ramesh Gupta, learned Senior counsel appearing for the Appellant informs the Court that apart from paying the sum of Rs.3 lakhs to the government in terms of the order dated 30th August 2013 of the learned MM, the Appellant has also deposited the fine amount of Rs.50,000 as ordered by the learned ASJ. Background facts