Additional Sessions Judge Manoj Jain, while disposing of appeal of Delhi resident Bharat Sejwal, modified the three- day jail term awarded to him by a trial court and directed that a probation officer be appointed to ensure that convict does not repeat the offence.
"Keeping in mind, the young age of the offender and his previous clean antecedents, no useful purpose would be served by sending him behind bars as that would expose him to the association with hardened criminals," the judge said.
The court, however, refused to set aside the conviction and sentence order awarded to Sejwal who claimed that he was convicted after he had pleaded guilty for the offence under Motor Vehicle Act.
"When the accused had made a voluntary plea of guilt in the presence of his two counsels and when he was explained about the consequences and was even given time for reflection, appellant is wholly unjustified in claiming that he was not made aware that he would be imprisoned also," it said.
Alcohol content in his blood was found to be approximately 10 times more than the permissible limit, it said.
He was produced before the metropolitan magistrate on October 10, 2014 where he pleaded guilty and was awarded three days simple jail term and Rs 2,500 fine.
In his appeal, Sejwal pleaded that he was a first time offender with clear antecedents and was going to attend the marriage of his close relative at the time when he was challaned by a police officer.
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