LAWS(CHH)-2014-8-11

SHAMIM BANO Vs. STATE OF CHHATTISGARH

Decided On August 07, 2014
SHAMIM BANO Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The following observation of their Lordships of the Supreme Court in case of Standard Chartered Bank v. Directorate of Enforcement and others, 2005 4 SCC 530 aptly and squarely applies to the facts of the instant case:-

(2.) The necessary relevant facts are stated hereunder to appreciate the case of the petitioner and also for find out whether he is entitled for the relief as prayed in the revision:-

(3.) MS. Fouzia Mirza, learned counsel appearing for the petitioner would submit that order of learned Sessions Judge setting aside the punishment of substantive jail sentence by enhancing the sentence of fine is clearly illegal and in teeth of Section 498-A, IPC, which mandatorily prescribes punishment of imprisonment plus fine, therefore, the impugned judgment deserves to be set aside and respondent Nos. 2 & 3 be punished with imprisonment and fine as well.