PANCH RAM v. STATE OF CHHATISGARH [2011] INSC 4 (3 January 2011)

Judgement CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 5 OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION(CRL.)NO.1451 OF 2009) 

PANCH RAM ... APPELLANT(S) 

VERSUS 

STATE OF CHHATISGARH

O R D E R 

Leave granted.

We have heard learned counsel for the parties.
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 : 2 :
avail to the appellant and he will undergo the imprisonment as directed by the High Court.
The appeal is disposed of accordingly.
................J.
(DALVEER BHANDARI) ................J.
(DEEPAK VERMA) NEW DELHI;