KIRAN CHANDER ASRI Vs STATE OF HARYANA
Bench: J. CHELAMESWAR,ABHAY MANOHAR SAPRE
Case number: Crl.A. No.-001230-001230 / 2015
Diary number: 22073 / 2015
Advocates: JAGJIT SINGH CHHABRA Vs
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Non-Reportable
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1230 OF 2015
(Arising out of S.L.P.(Crl.)No.5747 of 2015)
Kiran Chander Asri Appellant(s)
VERSUS State of Haryana Respondent(s)
O R D E R
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is directed against the final order
dated 28.05.2015 passed by the High Court of
Punjab and Haryana at Chandigarh in Criminal
Appeal No. CRA-S-1070-SB of 2005 whereby the
learned Single Judge of the High Court dismissed
the appeal filed by the appellant herein and affirmed
the order dated 04.06.2005 passed by the Special
Judge, Sonepat in Sessions Case No. 10 of
1999/2005 by which the Special Judge convicted
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the appellant under Sections 7 and 13 of the
Prevention of Corruption Act, 1988 (hereinafter
referred to as “the P.C. Act”) and sentenced him to
undergo rigorous imprisonment for a period of two
years and a fine of Rs.1000/- under Section 7 and
rigorous imprisonment of two years and a fine of
Rs.2000/- under Section 13 of the P.C. Act. In
default of payment of fine, he shall undergo further
rigorous imprisonment of six months. Both the
sentences shall run concurrently.
3. In order to appreciate the issue involved in this
appeal, it is necessary to state the relevant facts in
brief.
4. On 12.08.1978, the appellant joined as
Lecturer in English in Education Department,
Government of Haryana and was later selected as
Block Development and Panchayat Officer and
joined as such on 21.04.1993.
5. In the year 1995, the appellant was posted as
Block Development and Panchayat Officer
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Mundlana. By letter dated 26.10.1994, the
Director, Development and Panchayats, Haryana
issued instructions to all the Deputy
Commissioners in the State of Haryana that no
auction of village fish ponds should be done without
adequate advertisement and secondly, it should be
done under the supervision of the Committee after
following the due procedure of reserved price
fixation by Fisheries Department.
6. The Gram Panchayat of Mundlana village
passed a resolution for auction of fish ponds in the
village and sent it for approval to the appellant, who
fixed the auction for 15.03.1995. On that day, the
appellant did not go to the village but deputed the
Panchayat Officer, who auctioned only the
Panchayat land and refused to auction the fish
ponds. Thereafter the auction of the fish ponds was
fixed for 22.03.1995. On that day also due to the
absence of the appellant, the auction could not take
place. Thereafter when Ranbir Singh – the
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Sarpanch of the Village (Complainant) met the
appellant, he demanded Rs.2000/- as bribe to
conduct the auction. The Complainant, however,
expressed his inability to pay the bribe amount. The
appellant then negotiated the amount of bribe. On
22.03.1995, again the appellant did not go to
Mundlana Village and postponed the auction for
06.04.1995 but at that time he clearly told the
Complainant that so long as the bribe money is not
paid to him, the auction would not be held.
7. On 04.04.1995, the Sarpanch filed an
application to the S.P., State Vigilance Bureau (in
short “SVB”), Karnal stating therein the aforesaid
facts. On receipt of the application, Mr. M.S.
Ahlawat, the then S.P., SVB, Karnal (in short
“Investigating Officer”) wrote a letter to the
Government seeking permission to arrange the raid.
On 06.04.1995, he got the permission from the
Government to carry out the raid. Thereafter he
wrote a letter to the Deputy Commissioner, Sonepat
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to depute one Gazetted Officer for being joined in
the raiding party. As per the direction of the Deputy
Commissioner, Mr. Ram Mehar, Xen, Irrigation
joined the raiding party.
8. On 07.04.1995, the raiding party went to the
office of the appellant. Hari Chand, the Inspector
was deputed as a shadow witness and instructed to
give a fixed signal by moving his hand over the head
after the acceptance of the bribe money by the
appellant The Sarpanch-the Complainant and
shadow witness went to the office of the appellant
and after 10 minutes, the shadow witness passed
the signal upon which the raiding party went inside
the office of the appellant and saw him putting
something in the drawer. The Investigating Officer
gave his introduction to the appellant, who after
some persuasion opened the drawer and took out
the bribe money and handed over the same to the
Investigating Officer. After that, the appellant was
taken into custody.
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9. On that basis FIR No. 11 dated 07.04.1995
was registered at Police Station Vigilance Bureau,
Karnal against the appellant under Sections 7 & 13
of the P.C. Act.
10. After completion of investigation, challan was
submitted against the appellant before the Special
Court to face the trial. The prosecution examined
ten witnesses and in defence, the appellant
examined three witnesses.
11. Vide order dated 04.06.2005 the Special
Judge, Sonepat in Sessions Case No. 10 of
1999/2005 convicted the appellant under Sections
7 and 13 of the P.C. Act and sentenced him to
undergo rigorous imprisonment for a period of two
years and a fine of Rs.1000/- under Section 7 and
rigorous imprisonment of two years and a fine of
Rs.2000/- under Section 13 of the P.C. Act. In
default of payment of fine, he shall undergo further
rigorous imprisonment of six months. Both the
sentences shall run concurrently. It was held that
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the prosecution was able to prove beyond
reasonable doubt the demand and acceptance of
bribe money of Rs.2000/- by the appellant.
12. Challenging the order of conviction and
sentence, the appellant filed an appeal being
CRA-S-1070-SB of 2005 before the High Court. By
judgment dated 28.05.2005, the learned Single
Judge of the High Court concurred with the findings
of the Special Judge and finding no merit, dismissed
the appeal and upheld the order passed by the
Special Judge.
13. Aggrieved by the said judgment, the appellant–
accused has filed this appeal by way of special
leave.
14. It is pertinent to mention here that by order
27.07.2015 this Court issued notice to the
respondent only on the question of quantum of
punishment awarded to the appellant.
15. In the light of the order dated 27.07.2015, the
only question which arises for consideration in this
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appeal is whether having regard to the facts and
circumstances of the case, any case is made out by
the appellant to call for any interference in the
quantum of punishment awarded to him by the two
courts below and if so, to what extent.
16. In view of this limited question, it is not
necessary for this Court to examine the merits of
the case insofar as it relates to the issues, which
resulted in appellant's conviction for the offences
punishable under Sections 7 and 13 of the P.C. Act.
17. Learned counsel for the appellant, confining
his submission to the quantum of punishment,
submitted that keeping in view the fact that this
litigation is pending for the last 20 years because
the incident is of the year 1995 (07.04.1995),
secondly, the appellant is now quite old and is
suffering from various ailments, and further he has
lost his job and also undergone few months in jail
as under trial and again few days after conviction,
and lastly looking to the small amount of bribe
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involved (Rs.2000/-), this Court should take some
lenient view in awarding lesser punishment and
reduce it to minimum as prescribed in Sections 7
and 13 of the P.C. Act prior to the amendment in
these sections. It is more so as the learned counsel
submits when this Court has now finally upheld the
appellant’s conviction.
18. In contra, learned counsel for the respondent
supports the impugned order.
19. Having heard the learned counsel for the
parties and on perusal of the record of the case, we
are inclined to accept the submission of the learned
counsel for the appellant in part.
20. Taking into consideration the totality of the
facts and circumstances of the case, such as firstly,
the incident is of 1995; secondly, this litigation is
pending for the last 20 years; thirdly, the appellant
is now quite old and suffering with ailments;
fourthly, he has already lost his job, we consider it
just and proper, in peculiar facts of this case, to
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reduce the punishment awarded to the appellant
from two years to that of one year.
21. Since at the relevant time when the offence
was committed by the appellant, the minimum
punishment prescribed in Sections 7 and 13 was six
months and one year respectively, which may
extend to five years and seven years respectively
hence this Court can reduce the punishment of 2
years awarded to the appellant to one year
notwithstanding the amendment made in Sections 7
and 13 by Act No. 1 of 2014 (w.e.f.16.01.2014)
which, in our view, will not apply to the case of the
appellant in the light of Article 20 of the
Constitution of India.
22. In view of the foregoing discussion, the appeal
succeeds and is hereby allowed in part. Impugned
order is modified to the extent that the appellant is
awarded one year punishment for the offences
punishable under Sections 7 and 13 of the P.C. Act.
So far as the fine amount imposed by the Courts
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below is concerned, it is upheld. If the appellant is
on bail, his bail bonds stand cancelled and he be
taken into custody forthwith to undergo the
remaining period of sentence awarded by this
Court.
………...................................J. [J. CHELAMESWAR]
…...……..................................J.
[ABHAY MANOHAR SAPRE]
New Delhi; September 17, 2015.
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