Sumit Middha (Head (Fin.& A/c) M.COM M.A.(Eco) MBA CS Final) (2453 Points)
12 February 2009a was sentenced to rigorous imprisonment for two months for a crimnal offence. after the expiry of the period of the sentence, he field an appeal against his conviction and sentence and prayed for the condonation of delay on the ground of imprisonment. will the court be jutified in extending the period of limitation in this case?
Sumit Middha
(Head (Fin.& A/c) M.COM M.A.(Eco) MBA CS Final)
(2453 Points)
Replied 12 February 2009
Accordingly, the appeal is partly allowed to the extent indicated above. The order of conviction passed against all the appellants is maintained. However, the sentence of two months rigorous imprisonment awarded to appellants No.1 and 3 is set aside and instead they are sentenced to pay a fine of Rs.20,000/- each within six weeks from today, failing which they will undergo rigorous imprisonment for a period of one month.
Similarly, the sentence of three years rigorous imprisonment awarded by the Trial Court to appellant Kailash Chaudhary is reduced to one year rigorous imprisonment. He shall also be liable to pay a fine of Rs.20,000/- within six weeks from today and in default will undergo further rigorous imprisonment for a period of one month. The amount (s) of fine so recovered shall be paid in equal proportion, to Bijoy Kumar Sanyal, Kishan Singh, Hardeo Chaudhary and Laxmi Chaudhary, who all were injured in the incident
CAclubindia
