Anandpal And 2 Others v. State Of U.P.

Court No. - 36 Case :- CRIMINAL APPEAL DEFECTIVE No. - 751 of 2015

Appellant :- Anandpal And 2 Others

Respondent :- State Of U.P.

Counsel for Appellant :- Shashi Dhar Pandey

Counsel for Respondent :- G.A.

Hon'ble Ramesh Sinha,J.

Learned counsel for the appellant has filed certified copy of the order of the court below granting interim bail to the appellants which is taken on record, hence the defect which is reported by the Stamp Reporter vide report dated 30.10.2015 is removed.

Heard Sri S.D. Pandey, learned counsel for the appellant and Sri R.K. Maurya, learned A.G.A. for the State.

The present crl. appeal has been preferred against the judgment and order dated 3.10.2015 passed by Additional District and Session Judge, Court No. 1, Firozabad in S.T. No. 652 of 2015 arising out of Case Crime No. 155 of 2008 under Section 60 and 64 of the Excise Act convicting and sentencing the appellant for the said offence for two years R.I. with a fine of Rs. 500/- each and in default of payment of fine additional imprisonment of 15 days.

With the consent of learned counsel for the parties, the present appeal is being decided on the question of sentence only.

It has been contended by the learned counsel for the appellant that maximum sentence provided to the appellant is two years for offence under Sections 60 and 64 of the Excise Act. The appellants were on bail during trial and never misused their liberty. He further pointed out that interim bail has been granted to the appellant by the trial court after their conviction. The rest of the sentence of the appellants be converted into fine and the same shall not be treated as enhancement of the sentence.

Learned A.G.A. opposed the prayer for quashing of the impugned order and has submitted that the lower appellate court has rightly passed the impugned judgment and order after considering the evidence before it, hence no interference is called for by this Court and the appeal is liable to be dismissed.

I have perused the impugned judgment and orders as well as record and in my opinion the same do not suffer from any illegality, perversity or jurisdictional error which may call for any interference by this Court, hence the conviction and sentence of the appellants is hereby upheld. But taking in account of the fact that appellants have already undergone sufficient period in jail as under trial, their rest of the sentence be converted into a fine.

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Accordingly, appellants are directed to pay and deposit fine of Rs. 25,000/- each in the court of C.J.M. concerned which shall be paid to the State within a period of two months.

The interim bail granted to the appellants is extended for a period of two months from today.

In default of the fine as directed above, the appellants shall be taken into custody to serve out the sentence as awarded by the trial court. In view of the above, the appeal is partly allowed.

Office is directed to send a certified copy of this order to C.J.M., concerned for its compliance.

Order Date :- 3.11.2015 Shiraz

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