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2019 DIGILAW 76 (SC)

Shiv Shankar Gupta v. State Of Uttar Pradesh

2019-01-07

D.Y.CHANDRACHUD, HEMANT GUPTA

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ORDER 1. Criminal Appeal No. 18/2019 @ SLP(Crl.) No. 9922/2018 Leave granted. 2. This appeal arises from a judgment and order of the High Court of Judicature at Allahabad in Criminal Revision No. 2129 of 2010. 3. The High Court has, while dismissing the criminal revision, confirmed the judgment of the Additional Sessions Judge, Court No. 3, Shahjahanpur dated 10 May 2010. The Additional Sessions Judge had, in turn, affirmed the judgment of the Chief Judicial Magistrate, convicting the appellant for an offence under Section 407 of the Penal Code and sentencing him to undergo three years' rigorous imprisonment with a fine of Rs. 10,000/- (Rupees Ten Thousand Only). 4. On 16 November, 2018, the following order was passed by this Court:- "Delay condoned. Learned counsel appearing on behalf of the petitioner submits that out of total sentence of three years, the petitioner has already undergone 27 months and that he is 71 years of age. Having regard to this submission, we issue notice confined to the question of sentence. Dasti service, in addition, is permitted. Liberty granted to serve the standing counsel for the State of Uttar Pradesh. List both the matters on Friday, the 7 th December, 2018." 5. In response to the notice issued by this Court, the learned counsel for the State of Uttar Pradesh has entered appearance. 6. Mr. V. Shekhar, learned senior counsel appearing on behalf of the State has, on instructions, confirmed the correctness of the statement that the appellant is 71 years of age and as on 16 November 2018, the appellant had undergone 27 months' of imprisonment. The period of custody has since increased by a further two months to about 29 months. 7. However, the learned counsel appearing on behalf of the State has drawn the attention of this Court to the fact that the charge established against the appellant is of siphoning away 1534 bags of wheat worth Rs. 2,54,797/- (Two Lakhs Fifty Four Thousand Seven Hundred and Ninety Seven Only). In the circumstances, learned counsel submitted that while he would leave it to the Court to determine an appropriate quantum of sentence, the fine should be suitably enhanced to protect the revenue of the State. 8. After hearing the learned counsel for the parties, we are of the view that the appellant should be directed to be released on the sentence undergone. 8. After hearing the learned counsel for the parties, we are of the view that the appellant should be directed to be released on the sentence undergone. In that event, the fine which has been imposed would stand enhanced to Rs. 2,00,000/- (Two Lakhs Only). Ordered accordingly. 9. The appeal is, accordingly, disposed of. 10. Pending application(s), if any, shall stand disposed of. Criminal Appeal No. 19/2019 @ SLP(Crl.) No. 9923/2018 Leave granted. 11. In view of the order passed in Criminal Appeal @ SLP(Crl.) No. 9922/2018, the present appeal is disposed of in the same terms, except the amount of fine imposed by the High Court is enhanced to Rs. 1,50,000/- (One Lakh Fifty Thousand Only). 12. Pending application(s), if any, shall stand disposed of.