30 April 2009
Supreme Court
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SHENTHAMIZH KIZHAR Vs GOVERNMENT PLAEDER, MADRAS

Case number: Crl.A. No.-001100-001100 / 2002
Diary number: 9632 / 2002
Advocates: T. N. SINGH Vs S. THANANJAYAN


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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1100 OF 2002

Shenthamizh Kizhar      ...Appellant(s)

Versus

Government Pleader, Madras      ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The sole appellant was convicted by the High Court under Section 12 of  the Contempt of Courts Act, 1971, and sentenced to undergo simple imprisonment for  

a period of six months and to pay fine of Rupees two thousand; in default to undergo  further simple imprisonment for a period of two months.  Hence, this appeal.

Learned counsel appearing on behalf of the appellant stated that in terms  of the direction given by the High Court, the appellant has deposited the amount of  

fine.  Learned counsel then submitted that as the appellant has already remained in  jail for five months, the sentence of imprisonment awarded to him may be reduced to  

the period already undergone. Having taken into consideration all the pros and cons of the matter, we are  

of the view that ends of justice would be met in case the sentence of imprisonment  awarded to the appellant is reduced to the period already undergone.

Accordingly,  the  appeal  is  allowed  in-part  and  while  upholding  the  conviction of the appellant, sentence of imprisonment is reduced to the period already  

undergone.   The appellant,  who is  on bail,  is  discharged from the liability of bail  bonds.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 30, 2009.