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2011 Supreme(SC) 8
2011 (1) Supreme 64
SUPREME COURT OF INDIA
Dalveer Bhandari and Deepak Verma, JJ.
Panch Ram — Appellant(s)
versus
State of Chhatisgarh — Respondent(s)
Criminal Appeal No. 5 of 2011
(Arising Out Of Special Leave Petition(Crl.)No.1451 of 2009)
Decided on : 3-1-2011
Headnote:Judicial Review – Sentence – In view of the incident being 23 years old, the appellant having served part of the sentence, and being more than 70 years old, sentence reduced to period already undergone and fine. (Para 3)
Facts of the case:
1. The appellant was working as Assistant District School Inspector at that time and was convicted in 1987 under Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947.
2. He was sentenced to undergo one year rigorous imprisonment by the Trial Court which was reduced to six months with fine by the High Court.
Finding of the Court:
Reduction of the sentence with fine would be proper.
Result : Appeal disposed of.
ORDER
Leave granted.
2. We have heard learned counsel for the parties.
3. This appeal relates to an incident which had taken place on 28.03.1987. The appellant was working as Assistant District School Inspector at that time and was convicted under Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947. He was sentenced to undergo one year rigorous imprisonment by the Trial Court which was reduced to six months with fine by the High Court. It is stated that the appellant is 70 years old now and suffering from multiple ailments. The incident is more than 23 years old. The appellant has already served part of the sentence. On consideration of the totality of the facts and circumstances of the case, we deem it appropriate to release the appellant to the sentence already undergone, provided he deposits a further fine of Rs.50,000/- within four weeks from today. In case of default, this order will be of no avail to the appellant and he will undergo the imprisonment as directed by the High Court.
4. The appeal is disposed of accordingly.
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