IN THE SUPREME COURT OF  INDIA               CRIMINAL APPELLATE JURISDICTION   

             CRIMINAL APPEAL NO. 1978 OF 2010 [ARISING OUT OF SLP (CRL.) NO. 543 OF 2010]

PANKAJ KUMAR MALLICK ..  APPELLANT(S)

vs.

STATE OF WEST BENGAL ..  RESPONDENT(S)

O R D E R

We have issued notice confined to the question of  

sentence only.

Leave granted.

We have heard learned counsel for the parties.

In the light of the fact that the appellant is said to  

have defalcated Rs.2,400/- and the matter pertains to the year  

1982 and that the appellant is an aged person as of now  and  

has remained in custody for about seven months, we think that  

the ends of justice would be met if the sentence of two years  

is reduced to that already undergone and  fine is increased  

from Rs. 2,000/- to Rs. 10,000/-.

The appeal is allowed in the above terms.

We also direct that the fine will be deposited within a  

period of two months failing which the appeal will be deemed  

to be dismissed.

                   .......................J.          (HARJIT SINGH BEDI)

                   .......................J.

                                (CHANDRAMAULI KR. PRASAD) New Delhi,

    October 08, 2010.