Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1100 OF 2002
Shenthamizh Kizhar ...Appellant(s)
Versus
Government Pleader, Madras ...Respondent(s)
O R D E R
Heard learned counsel for the parties.
The sole appellant was convicted by the High Court under Section 12 of
the Contempt of Courts Act, 1971, and sentenced to undergo simple imprisonment for
a period of six months and to pay fine of Rupees two thousand; in default to undergo
further simple imprisonment for a period of two months. Hence, this appeal.
Learned counsel appearing on behalf of the appellant stated that in terms
of the direction given by the High Court, the appellant has deposited the amount of
fine. Learned counsel then submitted that as the appellant has already remained in
jail for five months, the sentence of imprisonment awarded to him may be reduced to
the period already undergone.
Having taken into consideration all the pros and cons of the matter, we are
of the view that ends of justice would be met in case the sentence of imprisonment
awarded to the appellant is reduced to the period already undergone.
Accordingly, the appeal is allowed in-part and while upholding the
conviction of the appellant, sentence of imprisonment is reduced to the period already
undergone. The appellant, who is on bail, is discharged from the liability of bail
bonds.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
April 30, 2009.