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2022 Supreme(SC) 576

SANJAY KISHAN KAUL, M. M. SUNDRESH
Abu Salem Abdul Kayyum Ansari – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. Rishi Malhotra, AOR Mr. Vikash Singh, AOR
For the Respondent: Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shewtal Shepal, Adv. Mr. K. M. Nataraj, ASG Mr. Sanjay Kumar Tyagi, Adv. Mr. Rajesh K. Singh, Adv. Mr. Shailesh Madiyal, Adv. Mr. Mayank Pandey, Adv. Mr. Vinayak Sharma, Adv. Mr. Sharath Nambiar, Adv. Mr. Sachin Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Crime and punishment is something which has agitated the judicial minds. Punishment cannot be disproportionately high or low. It should not be oppressive, but should serve the purpose of deterrence against crimes in a society along with a sense of justice to the victim and their family. This is a delicate balance, which has to be kept in mind – an aspect recently discussed in the judgment of this Court in Jaswinder Singh (Dead) Through Legal Representative v. Navjot Singh Sidhu & Ors., 2022 SCC OnLine SC 652 [Para 1]. As was observed in the said case, the principle of just punishment is the bedrock of sentencing in respect of a criminal offence. We are faced with a somewhat similar scenario though with certain crucial nuances, which have to be considered.

Facts :

2. Abu Salem Abdul Kayyum Ansari has a history – and not a palatable one at all. He has been a part of the crime syndicate as is obvious from the facts of the two criminal appeals before us. Criminal Appeal No.679/2015 emanates from threatening a party in a civil dispute relating to a

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