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Marthi Venkata Subbarao and ors. Vs. Kruthiventi Kutumba Rao and anr. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1971)3SCC896
AppellantMarthi Venkata Subbarao and ors.
RespondentKruthiventi Kutumba Rao and anr.
Excerpt:
- .....judgment, there is no case made out for complete exoneration from their contempt. however, in view of the fact that the other side who also agrees that the apology be accepted we accept the apology and reduce the sentence of the appellants to the period of imprisonment already undergone by them which period we are told is in the neighbourhood of ten days. the contemnors will also pay costs of the proceedings in this court and in the high court.
Judgment:

M. HIDAYATULLAH, C.J.—

1. The appellants were convicted for contempt of the Court of District Munsif of Vijayavada and sentenced to two months' simple imprisonment, with the direction that they may be detained in District Prison, Secunderabad. During the course of the hearing of this appeal, the appellants have submitted an unconditional apology for having obstructed that process of the court, and pray that this apology be accepted. We note that no such apology was tendered in the High Court and the question arises whether by accepting the apology we should acquit them or not. In our judgment, there is no case made out for complete exoneration from their contempt. However, in view of the fact that the other side who also agrees that the apology be accepted we accept the apology and reduce the sentence of the appellants to the period of imprisonment already undergone by them which period we are told is in the neighbourhood of ten days. The contemnors will also pay costs of the proceedings in this Court and in the High Court.


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