HC reduces 80-yr-old’s 7-yr jail to 3 months

Nagpur: Showing leniency to an 80-year-old man, the Nagpur bench of Bombay high court commuted his seven-year jail term to the three months already served by him, and ordered his release on payment of additional Rs50,000 fine. The senior citizen from Chandrapur had been convicted by the sessions court for misappropriation of government money by fabricating documents, cheating and forgery.
While maintaining his conviction for criminal breach of trust by public servant, forgery for the purpose of cheating, and falsification of accounts under the IPC, the HC told him to pay additional Rs50,000, besides the regular fine, before waiving of his remaining punishment.
“The accused has already undergone jail sentence for 90 days and also paid the fine. Now, he is aged about 80 years. Looking to his age and the period undergone in jail, in the interest of justice, he will be released provided he pays Rs50,000 fine,” a single-judge bench comprising justice Murlidhar Giratkar held while modifying the petitioner’s sentence.
Navnitlal Thakkar had moved the HC through counsel Shreerang Bhandarkar, challenging the sessions’ court verdict pronouncing him guilty of misappropriating exchequer’s money.
Citing evidence on record, the HC said the enquiry officer conducted the probe and found misappropriation of amount by the accused. Thakkar was examined before the chief judicial magistrate (CJM), who convicted him. Thereafter, the first appellate court also dismissed his appeal, which was challenged by him through revision application.
Bhandarkar contended the accused had already served 90 days in prison and considering his old age and deteriorating health no fruitful purpose would be served by sending him behind bars for any longer. He submitted the accused has already paid the fine for all offences registered against him and expressed willingness to pay additional fine of Rs50,000.
Opposing his contentions, additional public prosecutor VP Gangane objected to the relief requested by Thakkar, arguing that he had misappropriated Rs23,495.10 government money and should undergo the sentence already awarded to him.
Bhandarkar then pointed out that the petitioner had already deposited Rs14,741.45 with the treasury, and only defaulted on Rs8,753.65. Therefore, it can’t be said that the petitioner had misappropriated the amount of Rs23,495.10 in total.
After hearing both sides, Justice Giratkar modified the sentence to the extent that accused is convicted for period already undergone in jail, which was 90 days. “The conviction for the offences is maintained. The accused has already paid fine amount before the trial court and he’s directed to pay Rs50,000 more within a month. If he fails to pay the fine within stipulated period, he shall undergo the jail sentence as directed by the courts below,” the judge said.
(With inputs from Manan Daga)