Vipin vs.state

Vipin vs State

Type Court Judgment Court Delhi Decided Dec 21, 2018

~3 min read

https://sooperkanoon.com/case/1220263

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1220263
Court: Delhi High Court
Decided On: Dec 21, 2018
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Vipin

Respondent

State

Excerpt

.....sentence of 10th october, 2018, i find that appellant is said to be only bread-earner of his family and has to support his old-aged parents and does not have any criminal record. the prayer made by appellant before trial court for grant of probation has been brushed aside without any valid justification.6. during the course of hearing, learned counsel for appellant submits that appellant has faced the agony of trial in this case for the last 4 years and has not misused the concession of bail. in view of afore-referred background of appellant, it is a fit case for grant of probation to him.7. in these facts and circumstance of this case, while maintaining conviction of appellant, the order of 10th october, 2018 on sentence is set aside while granting the benefit of probation to appellant.8. let appellant appear before the trial court to enable him to furnish the probation bond within four weeks in the sum of ₹10,000/- with one local surety of the like amount to the satisfaction of trial court. upon crl.a.1261/2018 page 2 of 3 acceptance of the probation bond, let appellant be released on probation for a period of one year to the satisfaction of probation officer.9. it is made clear that in case appellant is found to be misusing the probation granted to him, then the sentence awarded to him shall stand restored forthwith. till the acceptance of the probation bond of appellant, he shall continue on interim bail on the same terms and conditions as directed by the trial court.10. this appeal and application are disposed of in aforesaid terms. december21 2018 p’ma (sunil gaur) judge crl.a.1261/2018 page 3 of 3

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 21, 2018 + CRL.A. 1261/2018 VIPIN STATE Through: Mr. Mayank Mikhail Mukherjee, ..... Appellant Advocate Versus ..... Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI Pankaj Kumar, P.S. Karawal Nagar, Delhi. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER

(ORAL) Crl.M.A. 50515/2018 (for Delay) There is delay of 10 days in filing the accompanying appeal. Upon hearing, I find that averments made in the instant application provide sufficient cause to condone the delay occasioned. The application is allowed and the delay stands condoned. The application stands disposed of. CRL.M.A. 50514/2018 (Exemption) Allowed, subject to all just exceptions. CRL.A. 1261/2018 & CRL.M.(BAIL) 1972/2018 (under Section 389 Cr.P.C. for suspension of sentence 1. Along with this Appeal, copy of evidence of the parties has been filed. Crl.A.1261/2018 Page 1 of 3 2. Upon hearing, I find that conviction of appellant is well merited. However, on the question of sentence, notice is issued to respondent for the offence under Section 308 of IPC.

3. Ms. Neelam Sharma, learned Additional Public Prosecutor for respondent-State accepts notice.

4. Appellant has been sentenced to rigorous imprisonment for 2 years with fine of ₹5,000/- and in default of payment of fine, he has been directed to undergo simple imprisonment of one month.

5. Upon hearing and on perusal of order on sentence of 10th October, 2018, I find that appellant is said to be only bread-earner of his family and has to support his old-aged parents and does not have any criminal record. The prayer made by appellant before trial court for grant of probation has been brushed aside without any valid justification.

6. During the course of hearing, learned counsel for appellant submits that appellant has faced the agony of trial in this case for the last 4 years and has not misused the concession of bail. In view of afore-referred background of appellant, it is a fit case for grant of probation to him.

7. In these facts and circumstance of this case, while maintaining conviction of appellant, the order of 10th October, 2018 on sentence is set aside while granting the benefit of probation to appellant.

8. Let appellant appear before the trial court to enable him to furnish the probation bond within four weeks in the sum of ₹10,000/- with one local surety of the like amount to the satisfaction of trial court. Upon Crl.A.1261/2018 Page 2 of 3 acceptance of the probation bond, let appellant be released on probation for a period of one year to the satisfaction of Probation Officer.

9. It is made clear that in case appellant is found to be misusing the probation granted to him, then the sentence awarded to him shall stand restored forthwith. Till the acceptance of the probation bond of appellant, he shall continue on interim bail on the same terms and conditions as directed by the trial court.

10. This appeal and application are disposed of in aforesaid terms. DECEMBER21 2018 p’ma (SUNIL GAUR) JUDGE Crl.A.1261/2018 Page 3 of 3

Same Court & Year Delhi · 2018 Same Parties Vipin vs State Same Subject Land Acquisition