Instant criminal revision has been filed against judgment and order dated 19.08.2011 passed by Special Judge Anti Corruption (West), C.B.I. Court, Lucknow in Criminal Appeal No.256 of 2010, Ashok Kumar Goel Vs. C.B.I/SCB Lucknow whereby appeal has been partly allowed and the revisionist has been acquitted from the charges levelled against him under Sections 467, 468 and 471 I.P.C. and judgement and order dated 25.10.2010 regarding conviction of the revisionist under Section 120-B and 420 I.P.C. has been confirmed.
The said Criminal Appeal has been filed against the order dated 25.10.2010 passed by Special Judicial Magistrate, C.B.I-II, Lucknow in Criminal Case No.02 of 1993, R.C. No.35(A/1988), whereby the revisionist has been convicted by trial court under Section 420 and sentenced him to undergo one year imprisonment and a fine of Rs.1000/- has been imposed and in default of payment of fine, he shall further undergo one month imprisonment, under Section 467 I.P.C. to undergo for three years imprisonment with fine of Rs.5000/-. In default of payment of fine, he shall undergo further three months imprisonment, under Section 468 I.P.C. to undergo one year imprisonment with fine of Rs.1000. In default of payment of fine one month additional imprisonment and under Section 471 I.P.C. to undergo six months imprisonment with a fine of Rs.1000/- and in default of payment of fine, he shall further undergo one month imprisonment. The revisionist has also been convicted and sentenced to undergo under Section 120-B I.P.C. for six months imprisonment with a fine of Rs.1000/- and in default of payment of fine one month additional imprisonment.
Without entering into merit of the matter learned counsel for the revisionist argued on the point of sentence already undergone by the revisionist. It is submitted that conviction under Sections 120-B and 420 I.P.C. has been confirmed in criminal appeal. The revisionist has been sentenced under Section 420 I.P.C. one year imprisonment with a fine of Rs.1000/- and under Section 120-B I.P.C. six months imprisonment with a fine of Rs.1000/-. The incident took place in the year 1987 and F.I.R. was lodged in the year 1988.
Learned counsel for the revisionist submitted that looking the nature of offence and sentence awarded by the court below he may be given benefit of probation period. The revisionist has already undergone 15 days.
He further submitted that 50% of the fine imposed by the trial court has already been deposited by the revisionist.
Sri Bireshwar Nath, learned counsel for the respondent vehemently opposed the submission of learned counsel for the revisionist and submitted that looking the nature of offence the Court should not take lenient view. The revisionist is not entitled for benefit of probation on the basis of sentence already undergone.
He further submitted that if the Court takes lenient view giving benefit of probation, the fine imposed by the court below may be increased to Rs.10,000/- each count.
I have heard learned counsel for the revisionist and learned counsel for the respondent and perused the record.
Since the counsel for the revisionist without entering into the merits of the case has requested that the revision may be decided on the basis of period already undergone by the revisionist, I find that the incident took place in the year 1987 and already 32 years had gone, therefore, this Court finds that it would be appropriate to dispose of this revision on the basis of period already undergone by the revisionist.
In view of the fact and circumstances stated herein above, the present criminal revision is partly allowed. The conviction for the offences punishable under sections 120-B and 420 I.P.C. is maintained, however, the sentence is reduced to the period already undergone by him. The fine as awarded by the court below is increased to Rs.10,000/- to each count, which shall be deposited within 15 days from the date of receipt of a certified copy of this order. In case of default of payment of fine within the period specified by this Court, the revisionist shall undergo one month's simple imprisonment. Fine, if any, already deposited by the revisionist, shall be adjusted by the trial court.
The revisionist is on bail. He need not surrender in case he is not wanted in any other case. His bail bonds are hereby cancelled. Sureties are discharged from their liability.
Record of the lower court, if summoned, shall be remitted back to the court concerned forthwith along with the copy of this order.
Order Date :- 31.7.2019 Asha