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Manilal Girdharilal Shah Vs. State of Gujarat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 150 of 1974
Judge
Reported inAIR1979SC1343; 1979CriLJ1117; (1979)4SCC716; 1979(11)LC393(SC)
ActsIndian Penal Code (IPC) - Sections 471
AppellantManilal Girdharilal Shah
RespondentState of Gujarat
Excerpt:
criminal - punishment - section 471 of indian penal code, 1860 - appellant convicted for filing forged bank guarantee bond and sentenced to 1 year rigorous imprisonment (ri) and fine of rs. 1000 - appeal filed against punishment imposed - from facts it appeared that appellant already spend 2 months in jail - also on detection of forgery he immediately withdrew the bond and pay the amount by way of fixed deposit - accordingly despite of submission of forged documents no loss caused to other party - in view of above punishment altered to fine of rs. 5000 and in default six months ri. - .....of fixed deposit receipts. thus even if the appellant had used forged documents, it is clear that no loss has been caused to anybody. in this view of the matter we are inclined to take a lenient view of the matter. we, therefore, while upholding the conviction of the appellant reduce the sentence of imprisonment to the period already served and for the balance of the sentence remitted we impose an additional fine of rs. 4,000/-. thus the total fine imposed is rs. 5,000/-, in default six months rigorous imprisonment. with this modification, the appeal is dismissed.
Judgment:

S. Murtaza Fazal Ali, J.

1. In this appeal by special leave the appellant has been convicted under Section 471 IPC and sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000/. Mr. V.S Desai has pressed this appeal on the question of sentence only. It appears from the record that the appellant has served more than two months in jail. From the facts found by the courts below it also appears that although a forged Bank Guarantee Bond was filed by the appellant before the Public Works Department but as soon as the forgery was detected the appellant immediately withdrew the bond and paid Rs. one lakh and forty three thousand by way of fixed deposit receipts. Thus even if the appellant had used forged documents, it is clear that no loss has been caused to anybody. In this view of the matter we are inclined to take a lenient view of the matter. We, therefore, while upholding the conviction of the appellant reduce the sentence of imprisonment to the period already served and for the balance of the sentence remitted we impose an additional fine of Rs. 4,000/-. Thus the total fine imposed is Rs. 5,000/-, in default six months rigorous imprisonment. With this modification, the appeal is dismissed.


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