JUDGMENT :

Suresh Kumar Kait, J.

Crl.M.A. 34359/2019

1. Vide the present application, the applicant seeks direction thereby to waive of the costs liable to be paid by the petitioner to the Delhi State Legal Services Authority.

2. It is stated in the application that the applicant is a poor person whose monthly income is less than Rs.7000/- . He is the only bread-earner of the family and driving auto rickshaw. The petitioner is the only person in the entire family to look after the needs of the family members which includes his wife who is suffering from several diseases, his mother and two school going children. It is further submitted that due to the execution of the sentence, awarded to the petitioner, his entire family has already suffered for no fault of theirs. To this effect, the medical documents of the wife of the petitioner are annexed herewith as Annexure-P9 (Colly).

3. The respondent No.2/complainant is present in Court. He has no objection if the present application is allowed.

4. In case of Damodar S. Prabhu vs. Sayed Babalal H, (2010) 5 SCC 663, the Hon'ble Supreme court considered the case of M P State Legal Services Authority vs. Prateek Jain, (2014) 10 Scale 407 and held