Madanlal Gangaram Ghai vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1979 Supreme(SC) 114

SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI AND A.D. KOSHAL, JJ.
Madanlal Gangaram Ghai, Appellant
Versus
State of Gujarat, Respondent.
Criminal Appeal No. 119 of 1975,
D/- 8-2-1979.

Headnote:
Prevention of Corruption Act, 1988 - Section 5(1)(d), 5(2) - Reduce Sentence of Imprisonment - Appeal Against Conviction - Appellant has been convicted was sentenced to six months rigorous imprisonment and a fine of Rs. 500/- as reduced by High Court – Held, In peculiar circumstances of this case and having regard to nature of offence committed by appellant in this particular case Court do not think it necessary to send appellant back to jail - Court, therefore, while upholding conviction of appellant reduce sentence of imprisonment to period already served and remit fine - Appellant will now be discharged from his bail bonds - Appeal dismissed.

Judgment

S. M. FAZAL ALI, J.:- This appeal by Special Leave is limited to the question of sentence. It appears that the appellant has been convicted under Section 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act and was sentenced to six months rigorous imprisonment and a fine of Rs. 500/- as reduced by the High Court. The appellant has already undergone about 21/2 months in jail. In the peculiar circumstances of this case and having regard to the nature of the offence committed by the appellant in this particular case we do not think it necessary to send the appellant back to jail. We, therefore, while upholding the conviction of the appellant reduce the sentence of imprisonment to the period already served and remit the fine. The appellant will now be discharged from his bail bonds. With this modification the appeal is dismissed.

Order accordingly.

For Citation : AIR 1981 SC 652

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