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1999(1) Crimes 78 (SC)
Supreme Court of India
(From Bombay High Court)
G.T. Nanavati & N. Santosh Hegde, JJ.
Miss Sophy Kelly & Anr. —Appellants
versus
Chandrakant Ganpat & Ors. —Respondents
Criminal Appeal No. 442 of 1987
Decided on 4-2-1999
Counsel for the Parties :
For the Appellants : A.S.S. Pasrich, Advocate for M/s. JBD & Co..
For the Respondent : Pramod Swarup, Advocate, (NP).
For the State : G.B. Sathe, D.M. Nargolkar, Advocates.
Headnote:Contempt of Courts Act, 1971 —Section 19(1)(b)—Appeal against conviction—Appellant convicted for wilfully flouting order passed by School Tribunal, Bombay—Sentenced to pay a fine of Rs. 2000/- and to undergo detention in civil prison for 15 days—Plea that at time of conviction appellant was aged about 70 years and now she is 83 years old and therefore to remit sentence of detention — Plea accepted—Sentence of detention passed by High Court set aside.
Result : Appeal partly allowed.
Judgment
Nanavati, J.—The appellant has filed this appeal under Section 19(1)(b) of the Contempt of Courts Act as she has been found guilty of having committed civil contempt. She has been sentenced to pay a fine of Rs. 2000/- and also to undergo detention in a civil prison for 15 days.
2. As it appears from the judgment of the High Court, the appellant had wilfully flouted the interim order dated 19.8.1986 passed by the Schools Tribunal, Bombay, and not paid the dues of its employees (non-teaching staff).
3. What is urged by the learned counsel for the appellant is that the appellant was about 70 years old when she was convicted by the High Court and now she is about 83 years old and, therefore, this court should deal with her sympathetically and remit the sentence of detention in civil prison.
4. We have also heard learned counsel for the State. Considering the changed circumstances, we are of the opinion that it is now not necessary to send the appellant to civil prison for detention, as ordered. We, therefore, allow this appeal partly and set aside that part of the order passed by the High Court whereby she has been directed to undergo detention in civil prison for 15 days.
Appeal partly allowed. (C.R.)
