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HindustanTimes Fri,19 Sep 2014

Duo freed on probation after 16 years of trial

Upasana Mukherjee, Hindustan Times  New Delhi, October 12, 2012
First Published: 00:33 IST(12/10/2012) | Last Updated: 00:35 IST(12/10/2012)

Sixteen years after a rickshaw puller and a sanitation worker threw bricks at police officers during demolition of unauthorised structures by the Municipal Corporation of Delhi, a city court has released both on probation, saying their conduct has been good during the protracted trial.

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Calling it a "fit case" for probation, additional sessions judge (ASJ) Yashwant Kumar released Ram Kishan, a sanitation worker with the MCD, and Kamlesh Pandey, a rickshaw puller, on probation for two years. However, the court directed them to deposit Rs. 10,000 each with the Blind School at Kingsway Camp.

Senior advocate KTS Tulsi said, "It is a serious reflection on our system that we cannot finish cases and keep on postponing them. It's sad."

On July 3, 1996, during a MCD demolition drive in Singhal Pur village, which is under the Shalimar Bagh police station, Kishan and Pandey pelted bricks at policemen. After a 16-year-long trial, the accused were convicted and given one-year jail terms by a metropolitan magistrate on March 17, 2012.

"The appellant/convict (Kishan) has been on trial for the past 16 years. His conduct during trial has been good. In my considered opinion, this is a fit case where the appellant/convict be released on probation," the ASJ said. He passed a similar order in Pandey's case.

Additional public prosecutor Atul Shrivastava had argued that the magisterial court had rightly passed the order and opposed the prayer for probation.


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