Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 63
Cr. Case 19604/2024
STATE Vs. KUNAL @ DON
FIR NO. 640/2024
PS (Kashmere Gate)
04.10.2025
The undersigned is also looking after the work of Ld. Link JMFC.
Present: Ms. Arunima Goel, Ld. Substitute APP for the State.
Convict Kunal @ Don produced from JC (on bail in this case).
Convict Sumit in person.
Sh. Parshant Gautam, Ld. LAC for both convicts.
Vide separate judgment dated 23.09.2025 the accused Kunal
@ Don was convicted for the offence u/s 309(4) BNS and accused Sumit
was convicted for the offence u/s 309 (4)/317(2) BNS.
Copy of judgment was given to the convicts free of cost
against acknowledgment in compliance of guidelines. Cover letter is also
annexed with the judgment in compliance in compliance of judgment in
Writ petition No. WP (C) 1082/2022 titled as
Suhas Chakma Vs. Union of
India & Ors and the practice directions issued by Rules Committee u/s 523
BNSS.
Be put up for order on sentence today itself at 3:00 PM.
(Vaibhav Garg)
JMFC-11/Central/THC
04.10.2025
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At 3.00 PM.
Order on Sentence
Present: As above.
Arguments on the point of sentence heard.
Ld. APP for the State submits that a substantive punishment be
awarded to convicts so that a deterrent message be sent to the society. He
further submits that maximum imprisonment be awarded to the convicts.
Ld. LAC for convict submits that the convict Kunal @ Don is
32 years old and there is no male member in his family apart from him and
his family comprises of his widow mother and six year old daughter and his
wife has already expired.
He further submits that the convict Sumit is 30 years old and
maintains a family of three minor children and his wife and he is the sole
earning member of his family.
He further submits that both the convicts have remained in JC
and have already learnt a sufficient lesson and opportunity be granted to
them for reformation.
Arguments heard. Records perused.
In the facts of the present case this court is not inclined to
grant any benefit of the probation since the convicts have robbed the
complainant in broad daylight.
Keeping into consideration the doctrine of proportionality as
propounded by the Hon’ble Supreme Court of India in
State of HP Vs.
Nirmala Devi [AIR 2017 SC 1981], the convict Kunal @ Don S/o Sh.
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Rajender is sentenced to a rigorous imprisonment for 02 years and a fine of
Rs. 2000/- and in default of payment of fine the convict is directed to
undergo simple imprisonment for a period of 15 days.
The convict Sumit S/o Sh. Ram Babu is sentenced to a
rigorous imprisonment for 02 years and a fine of Rs. 2000/- and in default
of payment of fine the convict is directed to undergo simple imprisonment
for a period of 15 days, qua the offence u/s 309(4) BNS. The convict Sumit
is further sentenced to simple imprisonment for 01 year and a fine of Rs.
2000/- and in default of payment of fine the convict is directed to undergo
simple imprisonment for a period of 15 days, qua the offence u/s 317(2)
BNS.
Both the sentences shall run concurrently.
Fine not paid.
Period of detention already undergone in the present case be
set off against the sentence of imprisonment, as per Section 468 BNSS, for
both the convicts.
At this stage, Ld. Counsel for convict has moved an
application u/s 430 (3) BNSS.
Application perused. Arguments heard.
For the reasons mentioned in the applications, the application
stands allowed and 30 days time is granted to both the convicts to file an
appeal. The order on sentence pronounced against the convict is suspended
for a 30 days from today subject to furnishing of bail bonds in the sum of
Rs. 20,000/- alongwith surety of like amount.
Bail bonds furnished earlier be additionally treated as bonds
furnished u/s 430 BNSS qua both the convicts.
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In case of appeal, the case property be disposed of as per the
order of appellate court. In case no appeal is preferred, the case property be
disposed of as per rules.
Copy of this order is given to the convict free of cost against
acknowledgment in compliance of guidelines. Cover letter is also annexed
with the judgment in compliance in compliance of judgment in Writ
petition No. WP (C) 1082/2022 titled as
Suhas Chakma Vs. Union of India
& Ors and the practice directions issued by Rules Committee u/s 523
BNSS.
File be consigned to record room after due compliance with a
direction to the Ahlmad to revive the file in case no appeal is filed within
30 days from today.
(Vaibhav Garg)
JMFC-11/Central/THC
04.10.2025
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