$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1308/2024 BANI SINGH .....Petitioner Through: Mr. Syed Hasan Isfahani, Mr. Uday Singh and Mr. Syed Mohd. Hasan, Advs. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP for State SI Akashdeep, PS.: Jamia Nagar CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 09.07.2026 1. By virtue of the present petition under Section 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks setting aside of the order dated 04.10.2024 (impugned order) passed by the learned ASJ (FTC)-03, South-East District, Saket Courts, Delhi (learned Appellate Court) in Criminal Appeal No.204380/2016 entitled ‘Sh. Bani Singh vs. The State (NCT of Delhi)’ whereby the judgment on conviction dated 11.04.2016 passed by the learned MM-10, South-East District, Saket Courts, Delhi (learned Trial Court) convicting the petitioner under Sections 279/337/304A of the Indian Penal Code, 1860 (IPC) was upheld by the learned Appellate Court, whereas the sentence awarded to him vide order on sentence dated 18.04.2016 of rigorous imprisonment for a cumulative period of two years alongwith fine of Rs.1,000/- passed by the learned Trial Court was This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:29:07 reduced to rigorous imprisonment for a cumulative period of eight months with the same fine; in the case arising out of FIR No.289/2010 dated 04.08.2010 registered at PS: Jamia Nagar. 2. At the very outset, without adverting to the merits involved, learned counsel for petitioner submits that out of the total sentence awarded to the petitioner as modified by the learned Appellate Court, the petitioner has already undergone more than three months of rigorous imprisonment and as of today, he has only four months and thirteen days remaining to undergo, however, his sentence is currently under suspension by orders of this Court. Learned counsel further submits that the petitioner hails from an extremely financially and socially backward background, and is the sole bread winner of his family having the responsibility of his old father, ailing and bedridden wife and two minor children, and having lost his job due to the incident way back in 2010, has drained all his savings and is now bankrupt. In these circumstances, learned counsel prays to give up his challenge of the impugned order on merits, and only prays that the sentence awarded to the petitioner be reduced to the period already undergone by him, so as to enable him to start afresh in life. 3. Learned APP also submits that in view of the aforesaid assertions, he has no objection if, upholding the impugned order and the conviction of the petitioner, the sentence awarded to him is reduced to the period of imprisonment already undergone by him. 4. This Court has heard learned counsel for petitioner and learned APP as also carefully perused the documents and pleadings on record. 5. Keeping in mind the circumstances that the petitioner is a man of humble means and lost his job in the year 2010, as also that his wife is This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:29:07 suffering, medical documents qua which are annexed as well, on humanitarian grounds and also since the conduct of the petitioner during the period of his custody was ‘Satisfactory’, this Court is of the view that the ends of justice would be met if the sentence of rigorous imprisonment for a cumulative period of eight months awarded to the petitioner is reduced to the period of incarceration already undergone by him. 6. 6. Accordingly, the conviction of the petitioner under Sections 279/337/304A IPC in terms of the judgement on conviction dated 11.04.2016 passed by the learned Trial Court and upheld by the learned Appellate Court vide the impugned order is hereby is upheld; however, the sentence awarded to the petitioner vide order on sentence dated 18.04.2016 passed by the learned Trial Court as modified by the learned Appellate Court vide the impugned order is hereby reduced to the period of rigorous imprisonment already undergone by him in the case arising out of FIR No.289/2010 dated 04.08.2010 registered at PS: Jamia Nagar. 7. The present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J JULY 9, 2026/bh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/07/2026 at 11:29:07