AJAY KUMAR PANDEY Vs. IN RE:- PIYUSH VERMA ADDL. CIVIL JUDGE (JUNIOR DIVISION) JALAUN AT ORAI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 115 of 2016, Judgment Date: Jul 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO. 115 OF 2016

      AJAY KUMAR PANDEY                               Appellant(s)

                                   VERSUS

      IN RE:- PIYUSH VERMA ADDL.
      CIVIL JUDGE (JUNIOR DIVISION)
      JALAUN AT ORAI                                 Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    The appellant is aggrieved since  he  has  been  convicted  under  the
Contempt of Courts Act and sentenced to undergo  six  months'  imprisonment.
There is also a direction that the appellant shall not  enter  the  premises
of District Judgeship, Auraiya, U.P. for a period of five years.

2.    In another case, the appellant suffered the  same  punishment  and  we
are informed that the appellant has served the term of six months  in  jail.
While the appellant was serving the term, this appeal was moved  and  taking
note of the remorseful conduct, as expressed through  the  learned  counsel,
we permitted the appellant to file  an  affidavit  before  the  High  Court.
Accordingly, the appellant has filed an affidavit before the High Court  and
a copy of the same has been produced on 27.06.2016.  Paragraphs 8 to  11  of
the said Affidavit dated 03.05.2016 read as follows :-
"8.   The deponent states that he sincerely regrets  that  his  conduct  was
inappropraite.
9.    The deponent hereby tenders an unconditional apology and assures  this
Hon'ble Court that the deponent shall never  indulge  in  any  inappropraite
behaviour of similar nature in future.
10.   The deponent undertakes to never indulge in  any  behaviour  which  in
any manner would result in lowering the prestige of any Court in India.
11.   The deponent is extremely  remorseful  of  his  past  conduct  and  is
tendering an unconditional apology for his past  conduct  and  assures  this
Hon'ble Court that he will not indulge in any such behavior in  future  also
and is sincerely praying that this Hon'ble Court may graciously  be  pleased
to accept the present unconditional apology."

3.    In a recent Judgment in Mahipal Singh Rana Vs. State of Uttar  Pradesh
reported in (2016) 6 SCALE 353, [Criminal Appeal No. 63 of 2006],  a  three-
Judge Bench of this Court has held that once an advocate is convicted of  an
offence involving moral  turpitude,  his  licence  to  practice  will  stand
suspended for a period of two years.

4.     Now  that  the  octogenarian  father  of  the  appellant  has   taken
initiative to appeal to the good sense of his son, who is  around  50  years
of age, and in view of the apology, we are of the view  that  the  appellant
need not undergo further incarceration.  Therefore, this appeal  is  allowed
to the extent of removing  the  sentence  of  imprisonment  imposed  on  the
appellant, but retaining the order in all other respects  and  additionally,
with the imposition of the suspension of licence for a period of two  years.

5.  Mr. Gaurav Aggarwal, learned counsel appearing for  the  appellant,  has
submitted that the jail authorities have not  yet  released  the  appellant,
though he has already served six months in jail, apparently  on  the  ground
that the sentence is not concurrent, but  consecutive.   Now  that  we  have
passed the Judgment in this appeal removing  the  sentence  of  imprisonment
from the impugned Judgment,  the  appellant  shall  be  released  forthwith,
unless he is required to be detained in connection with any other case.

                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                                [ ROHINTON FALI NARIMAN ]

      New Delhi;
      July 29, 2016.