Crl.A. 415 of 2007 1

 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 415 OF 2007

JAI BHAGWAN ..... APPELLANT

VERSUS

STATE OF HARYANA ..... RESPONDENT

O R D E R

1. We have heard the learned counsel for the parties.

2. The  appellant  had  been  convicted  under  Sections  

307/34, 325/34 and 323/34 and awarded a sentence of three  

years with fine for the first mentioned offence and to  

lesser terms of imprisonment for the other offences.  As  

of today he has undergone only one day of the sentence.  

The impugned order of the High Court was made observing  

that in view of the compromise entered into between the  

parties, the sentence on the appellant would be till the  

rising of the Court along with a fine of `10,000/-.  This  

order  has  been  challenged  by  the  appellant  seeking  an  

outright acquittal.

3. We  had  issued  notice  in  this  matter  on  the  19th  

March,  2007  as  to  why  the  sentence  awarded  to  the

Crl.A. 415 of 2007 2

appellant by the High Court should not be enhanced, as the  

said order was completely contrary to all principles of  

law as it trivialised a serious offence.  We, accordingly,  

set aside the order of the High Court dated 19th October,  

2006 and remit the case to the High Court for a fresh  

decision.

4. Pursuant  to  the  non-bailable  warrants  issued  by  

this Court on the 10th June, 2011, we are told that the  

appellant has been taken into custody. We, accordingly,  

direct that he be released on bail to the satisfaction of  

the  Chief  Judicial  Magistrate,  Jhajjar  pending  the  

disposal of his appeal by the High Court.   

5. Parties  are  directed  to  appear  before  the  

Registrar(Judicial), High Court of Punjab and Haryana High  

Court on the 7th September, 2011 to complete the service.

6. The appeal stands disposed of in the above terms.

..................J [HARJIT SINGH BEDI]

...................J [GYAN SUDHA MISRA]  

NEW DELHI JULY 22, 2011.