A Delhi court has set aside two months imprisonment to a man and released him on probation in a drunken driving case, saying that he is not a previous convict and has children to maintain.
The court also quashed the suspension of his driving licence for six months.
Additional Sessions Judge Deepak Jagotra released accused Munsharif on an appeal against the punishment by a Metropolitan Magistrate Court.
Conviction on merit
The convict had not challenged his conviction on merit. He only challenged the sentence.
“Without going into the merits of the case, keeping in view the facts and circumstances of the matter and especially considering the fact that appellant is the sole breadwinner in his family and has minor children to maintain and he is not convicted by any court of law prior to the trial court, the interest of justice would be served if appellant Munsharif is released on probation of good conduct in view of Section 4 of the Probation of Offenders Act, 1958, instead of sending the appellant to imprisonment for a period of two months,” the Judge said allowing his appeal.
“In view of the foregoing reasons, the appellant is released on probation of good conduct on his executing a bond in the sum of ₹10,000 with one surety in the like amount for a period of six months from the day of executing the bond before the trial court,” the Judge stated.
“It is made clear that in violation of the above, appellant shall appear to receive and serve out the sentence as per law before the trial court. Order regarding suspension of driving licence of appellant for six months is also set aside and the trial court is directed to return the driving licence of the appellant. It is made clear that there is no change in the fine amount [₹3,100] and the same shall remain as it is,” the court said.
