SUPREME COURT OF INDIA

Before:- N. Santosh Hegde and Doraiswamy Raju, JJ.

Criminal Appeal No. 544 of 1996. D/d. 17.1.2002.

Kantaru Sethy - Appellant

Versus

State of Orissa - Respondent

Bihar and Orissa Excise Act, 1915, Section 47(a) - Appellant sentenced to 6 months R.I. and fine of Rs. 500/- by the Trial Court for an offence punishable under Section 47(a) of the Bihar and Orissa Excise Act - Revision dismissed - By this time appellant already suffered sentence for 2 months - Incident 20 years old - Offence not repeated - Sentence reduced to the period already undergone.

[Paras 3 and 4]

ORDER

The appellant herein was charged for an offence punishable under Section 47A of the Bihar and Orissa Excise Act. The judicial magistrate, second class, Behrampur found him guilty of the said charge and sentenced him to undergo R.I. for a period of six months and to pay fine of Rs. 500/- in default to undergo R.I. for one month more. On appeal, the learned Sessions Judge, Ganjam Behrampur while confirming the conviction, for reasons stated therein reduced the sentence.

2. A further revision to the High Court came to be dismissed and the appellant is before us in this appeal.

3. We have heard learned counsel for the parties and perused the records. In regard to the finding arrived at by the Courts below as to the involvement of the appellant in the crime in question, we are in agreement in the said finding. However, it is prayed by Shri J.R. Das, learned counsel appearing for the appellant that the appellant has already undergone two months RI and has been on bail since then. It is also submitted that the offence in question was committed as far back as on 11.5.1982 and there has also been no allegation of further involvement of the appellant on similar or any other fact of crime. That being the case, he pleads that it be inappropriate to send the appellant back to jail, which may prevent him for reforming himself.

4. Taking into consideration the above facts, we are satisfied that it will not be in the interest of justice to send the appellant back to jail nearly 20 years after the alleged crime in regard to which he has served a part of the sentence. Therefore, while maintaining the conviction imposed on him by the Courts below, we modify the sentence by reducing it to the period already undergone.

5. With the above modification, the appeal is partly allowed. The bail bonds shall stand discharged.

Appeal partly allowed.