JAGDISH Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. This revision has been preferred against an order of the Sessions Judge, Bareilly rejecting the appeal of the revisionist. He was convicted and sentenced to six months rigorous imprisonment and a fine of Rs. 2000/- for an offence punishable under Section 60 (2) of U. P. Excise Act. The revisionist has admitted his guilt and thereupon the learned Magistrate had passed the impugned order. Aggrieved by this order an appeal was filed before the Sessions Judge, Bareilly. The learned Sessions Judge had found the order of learned Magistrate in order and rejected the appeal.

(2.) IT has been contended on behalf of the revisionist that he had admitted the guilt in the expectation that he will get a very light punishment instead he has been sentenced to six months R. I. and a fine of Rs. 2000/- A reference has been made to Thippeswamy v. State of Kamataka, AIR 1983 SC 747. In this case the appellant had admitted his guilt and was convicted and sentenced by the Magistrate. The High Court in appeal by the State had maintained the sentence of fine and additionally imposed a substantive sentence or rigorous imprisonment for a period of one year. IT was observed by the Hon'ble Supreme Court that by reason of plea bargaining, the appellant pleaded guilty and did not avail of the opportunity to defend himself against the charge, which is a course he would certainly not have followed if he had known that he would not be let off with a mere sentence of fine but would be sentenced to imprisonment. The Supreme Court observed that it was certainly violative of Article 21 of the Constitution.

(3.) THE revision is allowed partly. THE sentence and imprisonment imposed on the revisionist is reduced to the period already undergone. THE sentence of fine is however, maintained. THE fine be deposited within two months from the date of release of revisionist failing which the revisionist shall surrender before the Lower Court for under going the sentence imposed in lieu of fine. THE revisionist be released forthwith if no longer required in any other case. Revision partly allowed. .