(1.) The case against the revisionist is that he had raised construction on the second floor of the premises No. 1802/2, Bhagirath Palace, Delhi without the permission of Commissioner of MCD. He was arrested and challaned for offences under Sections 332/461 of Delhi Municipal Corporation Act. Learned Metropolitan Magistrate held him guilty and sentenced him to three months Simple Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo S.I. for a period of three months. The Learned Additional Sessions Judge also upheld the judgment given by the lower Court.
(2.) I have heard counsel for the parties. Learned counsel for the revisionist-accused submits that the accused has already undergone imprisonment for a period of four days. He is aged about 64 years. The accused is ready to pay the costs if he is granted the benefit of probation, to which the Learned Government Counsel does not object.
(3.) For the following reasons I grant him probation: