PRAKASH SARAN SINHA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Manish Kumar assisted by Sri Manju Khare, learned counsel for the appellant and learned A.G.A. This appeal is directed against the judgment and order dated 30.10.2002 passed by Sri K.P. Singh, Special Judge, P.C. Act, Lucknow in Misc. Case No. 1/86 (State v. P.S. Sinha) whereby appellant (Prakash Saran Sinha) has been convicted under Section 5(2) read with Section 5(1)(E) of the Prevention of Corruption Act and sentenced for a period of two years simple imprisonment, apart from fine of Rs. 25,000/ -. In default, six months simple imprisonment was awarded.

(2.) AT the outset, learned counsel for the appellant submits that on merits judgment of trial court is unassailable, however, he has addressed the Court on the quantum. Learned counsel for the appellant submits that appellant was working as Assistant Excise Commissioner, a promoted post from where he retired long back. Presently, he is nearly 83 years old. No useful purpose would be served by sending him jail at the fag end of life.

(3.) LEARNED A.G.A. submits that fine and minimum sentence cannot be reduced and in support of his case he relied upon the judgment of Hon'ble Apex Court given in the case of A.B. Bhaskara Rao v. Inspector of Police CBI, Visakhapatnam [ : AIR 2011 SC 3845].