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1979 Supreme(SC) 119
SUPREME COURT OF INDIA
A.D.Koshal : M.Fazal Ali Syed
Talaksi Malsi Sawala
Versus
State Of Maharashtra
Case No. : 1 of 1973
Date of Decision : 2/9/79
Headnote:
Gambling - This appeal by certificate is pressed by learned counsel for appellants only on question of sentence - There are appellants in this case and have been convicted - First appellant according to allegations of prosecution was keeper of gaming house - Occurrence took place as far back that is to say - In these circumstances we do not feel it will be conducive in interest of justice to send back accused to jail for a very short term – Held, We therefore set aside sentence of imprisonment in case of all appellants and convert sentences into one of fine in following manner - Appellant is sentenced to a fine which has already been imposed by high court in default one month rigorous imprisonment - Sentences of imprisonment of rest of appellants are also set aside and sentences are converted into a fine including amount which has been imposed by trial court in default one month rigorous imprisonment - A month time is allowed to all appellants to pay fine after which they will be discharged from their bail bonds - Convictions of appellants are however upheld with this modification - Appeal is dismissed.
SYED M.Fazal Ali
(1) THIS appeal by certificate is pressed by the learned counsel for the appellants only on the question of sentence. There are 25 appellants in this case and have been convicted under various provisions of the Bom- bay Prevention of Gambling Act. The first appellant according to the allega- tions of the prosecution, was the keeper of the gaming house. The occur- rence took place as far back as 1968, that is to say, about 11 years ago. In these circumstances, we do not feel it will be conducive in the interest of justice to send back the accused to jail for a very short term. We, therefore, set aside the sentence of imprisonment in case of all the appellants and convert the sentences into one of fine in the following manner.
(2) APPELLANT 1 Talaksi Maisi Sawala is sentenced to a fine of Rs. 2,000.00 including a sum of Rs. 500.00 which has already been imposed by the High Court, in default one months rigorous imprisonment.
(3) THE sentences of imprisonment of rest of the appellants are also set aside and the sentences are converted into a fine of Rs. 400.00 each including the amount which has been imposed by the trial court, in default one month"s rigorous imprisonment. A months time is allowed to all the appellants to pay the fine, after which they will be discharged from their, bail bonds. The convictions of the appellants are, however, upheld. With this modification the appeal is dimissed.
