Sushil Ansal vs State Thr.Cbi

2. In view of the difference of opinion between the two learned judges regarding quantum of sentence, the matter has been placed before us in pursuance of the following order dated 5.03.2014 :-

11. In view of the aforestated undisputed facts, the issue with regard to imposition of sentence upon the appellants is to be decided by us. We are concerned with imposition of sentence in a criminal case and not with awarding damages in a civil case. Principles for deciding both are different.

16. We have duly considered the matter. It hardly needs to be mentioned that an appropriate sentence has to be awarded by taking into consideration the gravity of offence, the manner of commission, the age of the accused and other mitigating and aggravating circumstances. The sentence should neither be excessively harsh nor ridiculously low.

19. We, therefore, direct that a fine of Rs.30 crore on each appellant should be imposed and if the said fine is paid within a period of three months, the sentence of the appellants be reduced to the sentence already undergone. We have noted the fact that as appellant no.1 is fairly aged, it may not be fruitful to ask him to undergo rigorous imprisonment. On the ground of parity and on the peculiar facts of this case, so far as appellant no.2 may also not be constrained to undergo the sentence, if he also pays the same amount of fine. If the aforestated amount is not paid within three months from the date of order dated 19th August, 2015, the appellants shall undergo two years’ rigorous imprisonment, including the sentence already undergone.

CRIMINAL APPEAL NO. 599/2010:-

20. As regards the conviction of Appellant H.S. Panwar (A-15) assailed in Criminal Appeal No. 599/2010, the Ld. Judges dismissed the afore-said appeal and affirmed the conviction u/s. 304-A/337/338 read with S. 36 IPC. On the question of quantum of sentence qua Appellant H.S. Panwar (A-15), the matter was placed before us as stated above.

21. In view of the facts discussed above and on the ground of parity, we direct that Appellant Harsarup Panwar (A-15) shall stand sentenced to undergo rigorous imprisonment for one year. However, having regard to advanced age and diseases like alzheimer’s disease suffered by the accused and other peculiar facts and circumstances, if he pays Rs.10 lakh by way of fine, the sentence will stand reduced to the period already undergone. If he fails to pay the aforestated amount within three months from the order dated 19th August, 2015, he shall undergo the sentence of one year, including the term which he has already undergone. Now, we have been informed that Appellant Harsarup Panwar (A-15) has already paid Rs.10 lakh as per operative order pronounced on 19th August, 2015.

CRIMINAL APPEAL NOs.600-602, 605, 606 and 613 of 2010

23. Consequently, Criminal Appeal No. 605, 606 and 613 of 2010 filed by the State and Criminal Appeal No. 600-602 of 2010 filed by the Association of Victims of Uphaar Tragedy are disposed of.

24. In view of the above order, the impugned judgment stands modified so far as the question of imposition of sentence is concerned and the appeals are disposed of as partly allowed.

25. We had passed the operative part of the order on 19th August, 2015, but since the Court time was almost over, we have now given the reasons for the said order.