no probation – India Legal https://www.indialegallive.com Your legal news destination! Fri, 18 Oct 2019 12:15:38 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg no probation – India Legal https://www.indialegallive.com 32 32 183211854 Speaker Ram Niwas Goel sentenced to 6 months Simple Imprisonment and fine https://www.indialegallive.com/constitutional-law-news/courts-news/speaker-ram-niwas-goel-sentenced-6-months-simple-imprisonment-fine/ Fri, 18 Oct 2019 11:51:04 +0000 http://www.indialegallive.com/?p=73837 Speaker Ram Niwas Goel sentenced to 6 months Simple Imprisonment and fineThe Additional Chief Metropolitan Magistrate I, Shri Samar Vishal, has sentenced Delhi Legislative Assembly Speaker Ram Niwas Goel, Atul Gupta, Sumit Goyal, Hitesh Khanna and Balbir Singh for six months simple imprisonment and Rs. 1000/- fine in the house trespass case. The conviction order was passed last week and arguments for sentencing were heard today. […]]]> Speaker Ram Niwas Goel sentenced to 6 months Simple Imprisonment and fine

The Additional Chief Metropolitan Magistrate I, Shri Samar Vishal, has sentenced Delhi Legislative Assembly Speaker Ram Niwas Goel, Atul Gupta, Sumit Goyal, Hitesh Khanna and Balbir Singh for six months simple imprisonment and Rs. 1000/- fine in the house trespass case.

The conviction order was passed last week and arguments for sentencing were heard today.

Relying on the SC judgments in State of Rajasthan v Mohan Lal (2018) and Alister Anthony Pareira v State of Maharashtra (2012), Ld. Magistrate opined that in a case of house trespass, a deterrent example must be set. Thus despite the advanced age of some and other genuine causes of others, a sentence of six months imprisonment was pronounced, rejecting the request for probation under the Probation of Offenders Act, 1958.

The conviction was on the allegation that Mr. Ram Niwas Goel along with few other people entered into Manish Ghai’s house on 5th February 2015, climbing through front and back walls. Thereafter, they broke several household items.

On request of the convicts that they would appeal, Learned Magistrate granted them bail on furnishing personal bond and surety of Rs. 10,000/- for a period of 30 days within which they must appeal.

— India Legal Bureau

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