Harsarup Panwar v. State of Delhi Through CBI

November 26, 2021

Criminal Appeal No. 599 of 2010

Criminal Law — Sentence — Considerations — Uphaar cinema fire case — A-1 and A-2 sentenced to rigorous imprisonment for two years while A-15 sentenced to rigorous imprisonment for one year — However, having regard to advanced age, diseases from which A-15 is suffering and other peculiar facts and circumstances — Sentence reduced to period already undergone if A-1 and A-2 pay Rs 30 crores each and A-15 pays Rs 10 lakhs to the Delhi Government for setting up a new trauma centre or for upgrading the existing trauma centres — In default they have to undergo their respective sentences

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(Anil R. Dave, Kurian Joseph and Adarsh Kumar Goel, JJ.)

Harsarup Panwar _________________ Appellant

State of Delhi Through CBI __________ Respondent

Criminal Appeal No. 599 of 2010, decided on August 19, 2015

The Judgement of the court was delivered by

Anil R. Dave, J.:—

1.or the reasons to be recorded hereafter, we direct that A-15 Harsarup Panwar shall stand sentenced to undergo rigorous imprisonment for one year. However, having regard to advanced age and the diseases from which he is suffering, and other peculiar facts and circumstances, if he pays Rs. 10 lakhs, then the sentence will stand reduced to the period already undergone. If he fails to pay the aforestated amount within three months from today, he shall undergo the sentence of one year, excluding the term which he has already undergone.

2. The aforestated amount shall be given by way of a demand draft to the Chief Secretary of Delhi Government for setting up a new trauma centre or for upgrading the existing trauma centres of hospitals managed by the Government of NCT of Delhi.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 597 OF 2010

SUSHIL ANSAL …..APPELLANT

STATE THROUGH CBI …..RESPONDENT

WITH

CRIMINAL APPEAL NO. 598 OF 2010

ORDER

3. For the reasons to be recorded hereafter, we direct that A-1 Sushil Ansal and A-2 Gopal Ansal shall stand sentenced to undergo rigorous imprisonment for two years. However, having regard to advanced age of the accused and other peculiar facts and circumstances, if they pay Rs. 30 crores each, i.e. Rs. 60 crores, then the sentence will stand reduced to the period already undergone. If they fail to pay the aforestated amount within a period of three months from today, they shall undergo the sentence of two years each, excluding the term which they have already undergone.

4. The aforestated amount shall be given by way of a demand draft to the Chief Secretary of Delhi Government for setting up a new trauma centre or for upgrading the existing trauma centres of hospitals managed by the Government of NCT of Delhi.

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