Delhi High Court modifies man’s sentence to jail term he has undergone

The Delhi High Court has modified a one-year sentence of a 61-year-old man, convicted of causing death due to rash and negligent driving, to the period of sentence already undergone by him. “Considering the facts and circumstances of the case and the substantive period (9 months and 17 days ) already undergone by the petitioner in this case and the fact that he is 61 years and is the sole bread earner of his family and has to support his dependents, his wife and children, and he has realised the mistake committed by him and is remorseful of his act to the society to which he belongs and now he wants to transform himself as well as the society to a right direction. Therefore, I am of the considered opinion that he should be given a chance to reform himself and contribute to the society to which he belongs. Consequently, the order on sentence is modified to the period already undergone by him in this case…,” said Justice I S Mehta. The matter pertains to Subhash Chand, who was convicted under IPC sections 337 (causing hurt by an act which endangers human life), 304-A (causing death by rash and negligent act) and 279 (driving or riding on a public way so rashly or negligently as to endanger human life). Chand was involved in an accident on January 16, 2008, which had resulted in the death of a man, Sanjay. Police had registered the case on the basis of the statement by another injured person. The metropolitan magistrate, in April 2016, had sentenced him to one year in jail and also asked him to pay Rs 50,000 fine. Against the order, he moved a sessions court, which, in November 2016, maintained the quantum of sentence, but reduced the fine to Rs 5,000. Chand then moved the High Court requesting to modify the order, and release him for the period already undergone. Counsel for Chand said the latter belonged to a poor family and did not have any previous criminal record. The counsel also said the sentence of the trial court was “too harsh”, and Chand had already undergone more than nine months imprisonment. Taking the period already undergone as Chand’s “substantive sentence,” the court disposed the plea.

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