25 March,2011 01:00 PM IST | | Agencies
A Delhi court has set free a man sentenced to 10-day imprisonment for drunken driving on the day of Holi after his wife pleaded that the 'homely atmosphere' was missing in his absence.
The accused, who was in jail for more than two days, was ordered to be set free on March 23. "Life in jail even for 2-3 days may have its same effect and impact as it would have if accused remained in jail for 10 days. He has already been imposed fines which is the maximum prescribed for the offence," Additional Sessions Judge J R Aryan said.
The court set aside the decision of the Metropolitan Magistrate awarding 10 days jail term but upheld the monetary penalty imposed on the accused.
Anil Mahajan was convicted on March 21 after he was challaned by traffic police for driving a scooter in Connaught Place on March 20 under the influence of alcohol and without statutory vehicle insurance.
"In a proceeding under the provisions of the Motor Vehicles (MV) Act, the accused has already been disqualified from holding driving licence for all types of vehicle for one year. That also will have deterrence upon him.
"In the given set of facts and circumstances substantive sentence of 10 days Simple Imprisonment under section 185 of the Act (drunken driving) to accused Anil Mahajan is reduced to period already undergone," the court said.
The court of Metropolitan Magistrate had jailed him for 10 days and imposed a fine of Rs 2000 under MV Act and Rs 1000 for driving uninsured vehicle. The convict moved an appeal contending that since fines have been deposited and he has been in custody since March 21, let the sentence be reduced to period undergone.
The judge noted the plea of Mahajan's wife, who was present in the court that in the absence of her husband at home to take care of the children, the homely atmosphere was missing. She submitted that the offence will not be repeated at all and let an opportunity be given to her husband by reducing the substantive sentence of imprisonment to the period undergone.
Mahajan's counsel also informed the court that he had consumed liquor on the night before the incident and may be some alcohol contents remained in blood in the next morning when accused was challaned by the traffic police.
Taking the set of facts into account, the court ordered that an "intimation be sent to jail to release the accused".
