1. Appeal against conviction — Unconditional apology offered to avoid jail sentence — Payment of arrears in installments. (Para 1 , 2 )
Back
Next 
2000 Supreme(SC) 466
SUPREME COURT OF INDIA
D.P.Mohapatra : K.T.Thomas
K.V.Shivakumar
Versus
Kanak Raj Mehta
Case No. : 3180 of 1990
Date of Decision : 3/1/00
A jail sentence may be avoided if the appellant provides an unconditional apology and a formal undertaking to pay outstanding government dues in installments, provided the relief is conditional upon strict adherence to the payment schedule.
Headnote:(A) Criminal/Administrative Law - Suspension of sentence - Relief from imprisonment in view of payment undertaking - A person may be saved from a jail sentence upon tendering an unconditional apology and executing a formal undertaking to pay outstanding government dues in installments. (Para 3)
Facts of the case:
An appeal was filed against an order sentencing the appellant to jail. During the proceedings, the appellant tendered an unconditional apology and submitted an affidavit of undertaking to pay the balance amount of Rs. 15,10,000 to the government in equal monthly installments of Rs. 1,00,000 for 15 months, with the final installment being Rs. 1,10,000. This payment was to be made independently of a separate monthly rent obligation of Rs. 25,000.
Findings of Court:
The court held that the appellant could be saved from the jail sentence based on the undertaking provided. This benefit is strictly conditional; any failure to abide by the undertaking, including the default of a single monthly installment, will lead to the forfeiture of the benefit and require the appellant to serve the remaining period of the sentence as per the impugned order.
Issues: Whether an unconditional apology and a specified undertaking to pay government dues in installments can justify saving an appellant from a jail sentence.
Ratio Decidendi: The court exercised its discretion to grant relief from imprisonment upon the filing of an unconditional apology and a financial undertaking, making such relief contingent upon strict adherence to the payment schedule, whereby any default would trigger the immediate resumption of the jail sentence.
Result: Appeal disposed of.
Legal Category Hierarchy
Table of Contents
2. Appellant tendered unconditional apology and sought acceptance to avoid jail sentence with payment in installments. (Para 2 )
3. Court considered appellant's undertaking to pay balance amount in installments and found scope to save from jail sentence. (Para 3 )
4. Court may substitute jail sentence with conditional undertaking where convict tenders unconditional apology and offers to pay dues. (Para 3 )
5. Appeal disposed of — Appellant saved from jail subject to compliance with installment payment undertaking; failure forfeits benefit. (Para 3 , 4 , 5 )
6. Can a court substitute jail sentence with payment of dues upon unconditional apology?
Yes, the court may accept an unconditional apology and grant benefit conditional on payment of arrears in installments, failing which the original sentence revives. (Para 2 , 3 )
7. What happens if the appellant defaults on the installment undertaking?
Default on any single installment forfeits the benefit granted; the appellant becomes liable to serve the remaining jail sentence under the original order. (Para 3 )
8. How are deposited amounts from previous court directions to be dealt with?
Amounts deposited pursuant to earlier directions and lying in fixed deposits may be collected by the respondent-State from the respective court registry. (Para 4 )
(1) AFTER hearing arguments of Mr. G.L. Sanghi, learned senior Counsel for the Appellant and Mr. M. Veerappa, learned counsel for Respondent No. 2 - State we did not find much scope to interfere with the impugned order.
(2) HOWEVER, learned senior Counsel for the Appellant submitted that Appellant is tendering an unconditional apology. He made a plea for accepting the said apology and save the Appellant from jail sentence. It was lastly pleaded that Appellant may be given one more chance to mend the delinquent act for which he offered to pay the entire amount due to the Government in installments. An affidavit of undertaking has been filed by the Appellant offering to pay the balance amount of Rs. 15,10,000.00 in equal monthly instalments of Rs. 1,00,000/- for a period of 15 months and the balance amount on the last i.e. 15th instalment would be Rs.1,10,000.00. The said amount will be paid without, in any manner, telescoping into the monthly rent of Rs. 25,000.00- which he has to pay even otherwise. The undertaking has incorporated that aspect also.
(3) AFTER considering ad aspects we trunk that appellate can be saved from jail sentence in view of his undertaking. We make it clear that if he fails to abide by this undertaking even in regard to payment of one monthly instalment he will forfeit the benefit granted by us and he will be liable to go back to jail to serve the remaining period of sentence as per the impugned order.
(4) THE amount together with interest deposited by the Appellant pursuant to the directions issued by this Court are reported to be lying in fixed deposits accruing interest thereon. We permit the Respondent No. 2 - State to collect those amounts from the Registry of the High Court or the Registry of this Court wherever the deposits lie.
(5) THIS appeal is accordingly disposed of.
