Judgment

Nanavati, J.-The appellant has filed this appeal under Section 19(1)(b) of the Contempt of Courts Act as she has been found guilty of having committed civil contempt. She has been sentenced to pay a fine of Rs. 2000/- and also to undergo detention in a civil prison for 15 days.

2. As it appears from the judgment of the High Court, the appellant had wilfully flouted the interim order dated 19.8.1986 passed by the Schools Tribunal, Bombay, and not paid the dues of its employees (non-teaching staff).

3. What is urged by the learned counsel for the appellant is that the appellant was about 70 years old when she was convicted by the High Court and now she is about 83 years old and, therefore, this court should deal with her sympathetically and remit the sentence of deten­tion in civil prison.

4. We have also heard learned counsel for the State. Considering the changed circumstances, we are of the opinion that it is now not neces­sary to send the appellant to civil prison for detention, as ordered. We, therefore, allow this appeal partly and set aside that part of the order passed by the High Court whereby she has been directed to under­go detention in civil prison for 15 days.

(C.R.) Appeal partly allowed.

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Parallel Citations of other Journals :

Miss Sophy Kelly & Anr. v. Chandrakant Ganpat & Ors., 1999(2) Supreme 25 : 1999(1) Crimes 78 : (1999) 2 SCC 427 : 1999(1) JT 452 : 1999(1) CCR 90 : 1999(1) Crl. LR 456 : 1999(1) UJ 594 : AIR 1999 SC 1042 : 1999(1) JCC 198 : 1999(3) LLN 42 : 1999(2) LLJ 590

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