STATE Vs. SONU

JUDGEMENT

(1.) Present appeal has been filed on behalf of the State challenging the order on sentence dated 27th May, 2019 passed by ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi in Sessions Case No. 506/2017 arising out of FIR No. 111/2017 registered with Police Station, Swaroop Nagar whereby the respondent-accused had been sentenced to undergo imprisonment for the time already undergone by him for the offences punishable under Sections 307 and 324 IPC.

(2.) Ms. Aashaa Tiwari, learned APP for the State contended that the Trial Court in its impugned order, had failed to appreciate that the respondent- accused had attempted to commit murder of Ashish and had caused injuries with a knife. She submitted that the sentence awarded to the respondent- accused was inadequate and should be enhanced. In support of her submission, she relied upon the Supreme Court judgment in State of Madhya Pradesh vs Saleem @ Chamaru and Anr., 2005 (5) SCC 554 wherein it has been held as under:-

(3.) She submitted that in the present case the Trial Court had erroneously accepted the contention advanced by the respondent-accused of " -plea bargaining'. She stated that the concept of negotiated settlement in criminal cases is not permissible. She further submitted that neither the State nor the Public Prosecutor or even the Judge can bargain that evidence would not be led or appreciated in consideration of getting flea-bite sentence by pleading guilty. In support of her submission, she relied upon the judgment in State of Uttar Pradesh vs. Chandrika (1999) 8 SCC 638, wherein the Supreme Court has held as under:-