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Supreme Court - Daily Orders

Sushil Ansal vs State Thr.Cbi on 19 August, 2015

Author: Anil R. Dave

Bench: Anil R. Dave

                                                                      REPORTABLE

                                   IN THE SUPREME COURT OF INDIA

                                  CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPEAL NO.599 OF 2010


         HARSARUP PANWAR                                       .....APPELLANT


                                             VERSUS

         STATE OF DELHI THROUGH CBI                           …..RESPONDENT



                                               ORDER

ANIL R. DAVE, J.

For the reasons to be recorded hereafter, we direct that A-15 Harsarup Panwar shall stand sentenced to undergo rigorous imprisonment for one year. However, having regard to advanced age and the diseases from which he is suffering, and other peculiar facts and circumstances, if he pays Rs.10 lakhs, then the sentence will stand reduced to the period already undergone. If he fails to pay Signature Not Verified the aforestated amount within three months from today, he shall Digitally signed by Jayant Kumar Arora Date: 2015.08.25 15:23:32 IST Reason: 1 undergo the sentence of one year, excluding the term which he has already undergone.

The aforestated amount shall be given by way of a demand draft to the Chief Secretary of Delhi Government for setting up a new trauma centre or for upgrading the existing trauma centres of hospitals managed by the Government of NCT of Delhi.

………................................J. (ANIL R. DAVE) ………................................J. (KURIAN JOSEPH) ………...............................J. (ADARSH KUMAR GOEL) New Delhi August 19, 2015.

2 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.597 OF 2010 SUSHIL ANSAL .....APPELLANT VERSUS STATE THROUGH CBI …..RESPONDENT WITH CRIMINAL APPEAL NO.598 OF 2010 ORDER For the reasons to be recorded hereafter, we direct that A-1 Sushil Ansal and A-2 Gopal Ansal shall stand sentenced to undergo rigorous imprisonment for two years. However, having regard to advanced age of the accused and other peculiar facts and circumstances, if they pay Rs.30 crores each, i.e. Rs.60 crores, then the sentence will stand reduced to the period already undergone. If they fail to pay the aforestated amount within a period of three 3 months from today, they shall undergo the sentence of two years each, excluding the term which they have already undergone.

The aforestated amount shall be given by way of a demand draft to the Chief Secretary of Delhi Government for setting up a new trauma centre or for upgrading the existing trauma centres of hospitals managed by the Government of NCT of Delhi.

……................................J. (ANIL R. DAVE) ……................................J. (KURIAN JOSEPH) ……...............................J. (ADARSH KUMAR GOEL) New Delhi August 19, 2015.





                                4
ITEM NO.101                 COURT NO.3                       SECTION II

                S U P R E M E    C O U R T        O F   I N D I A

                          RECORD OF PROCEEDINGS

                   Criminal Appeal       No(s).   597/2010

SUSHIL ANSAL                                                 Appellant(s)

                                     VERSUS

STATE THR.CBI                                                Respondent(s)

(with office report)

WITH

Crl.A. No. 598/2010

(With appln.(s) for permission and Office Report) Crl.A. No. 599/2010 (With Office Report) Crl.A. No. 600-602/2010 (With appln.(s) for early hearing and Office Report) Crl.A. No. 605/2010, 606/2010, 613/2010 [Crl. A. No. 605-616/2010] (With appln.(s) for early hearing and Office Report) Date : 19/08/2015 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. Ram Jethmalani, Sr. Adv.

Mr. Gopal Jain, Sr. Adv.

Mr. Vikas Agarwal, Adv.

Mr. Madhukar, Adv.

5 Mr. Vinay Arora, Adv.

Mr. Sudarshan Singh Rawat, Adv. Mr. Sanjay Jain, Adv.

Ms. Lata Krishnamurthy, Adv.

Mr. Anirudh Anand, Adv.

Mr. Somnath Gaur, Adv.

Mr. Ajay Awasthi, Adv.

Mr. Chirag Madan, Adv.

Ms. P. R. Mala, Adv.

Mr. Mohit D. Ram, Adv.

Ms. Monisha Handa, Adv.

Mr. Salman Khurshid, Sr. Adv.

Mr. Vinay Arora, Adv.

Mr. Sanjay Narayan, Adv.

Mr. Sudarshan Sigh Rawat, Adv. Ms. Shabeena Anjuna, Adv.

Mr. Sanjay Jain, Adv.

Mr. Aseem Mehrotra, Adv.

Mr. Abhijat P. Medh,Adv.

For Respondent(s) Mr. K. T. S. Tulsi, Sr. Adv.

Mr. Jayant K. Mehta, Adv.

Mr. A. Faraz Khan, Adv.

6 Ms. Ambika Mehta, Adv.

Ms. Priyanka Aggarwal, Adv.

Ms. Mandarini Singh, Adv.

Mr. Harish N. Salve, Sr. Adv.

Ms. Aparajita, Adv.

Mr. T. A. Khan, Adv.

For Mr. B. Krishna Prasad, Adv. UPON hearing counsel the Court made the following O R D E R The Bench comprising Hon'ble Mr. Justice Anil R. Dave, Hon'ble Mr. Justice Kurian Joseph and Hon'ble Mr. Justice Adarsh Kumar Goel has pronounced two Reportable orders in Criminal Appeal No. 597 of 2010 with Criminal Appeal No. 598 of 2010 and Criminal Appeal No. 599 of 2010.

These Reportable orders are confined only to the sentence of the appellants.

The abovereferred matters including Crl. A. Nos. 600-602 of 2010 and Crl. A. No. 605 of 2010, 606 of 2010 and 613 of 2010 are reserved for detailed Judgment.

(Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Two signed Reportable orders are placed on the file) 7