[2015] 12 S.C.R. 769
SUSHIL ANSAL
v.
STATE THROUGH CBI
(Criminal Appeal No. 597 of 2010)
AUGUST 19, 2015
[ANIL R. DAVE, KURIAN JOSEPH AND
ADARSH KUMAR GOEL, JJ]
A
B
Sentence/Sentencing -
Uphaar cinema case - c
Negligence of A 1 and A 2-owners of cinema resulting in death
of 59 people - Conviction of accused for offences punishable
uls. 304A read withs. 36 and ss. 337 and 338 rw s. 36 IPC-
As regards sentencing of the accused, direction issued that
accused to be sentenced to undergo rigorous imprisonment D
for two years - However, in view of the advanced age of the
accused and other peculiar facts and circumstances, on
payment of Rs. 30 crores each by the accused within three
months, sentence to be reduced to the period already
undergone -
Said amount. would be used on welfare E
schemes.
CRIMINAL APPELLATE JURISDICTION : Criminal
Appeal No. 597 of 2010
F
From the Judgment and Order dr1ted 19.12.2008 of the
Hon'ble High Court of Delhi at New Delhi in Criminal Appeal
No. 794 of 2007
WITH
Crl. A. Nos. 598 of 2010
Ram Jethmalani, Gopal Jain, Salman Khurshid, Sr.Advs ..
Vikas Agarwal, Madhukar, Vinay Arora, Sudarshan Singh
Rawat, Sanjay Jain, Ms. Lata Krishnamurthy, AnirudhAnand,
769
G
H
770
SUPREME COURT REPORTS
[2015] 12 S.C.R.
A Somnath Gaur, Ajay Awasthi, Chirag Madan, Ms. P. R. Mala,
Mohit D. Ram, Ms. M~nisha Handa, Sanjay Narayan, Ms.
Shabeena Anjuna, Aseem Mehrotra, Abhijat P. Medh, Advs.,
with them for the Appellant.
B
c
K. T. S. Tulsi, Harish N. Salve, Sr.Advs., Jayant K. Mehta,
A. Faraz Khan, Ms. Ambika Mehta, Ms. PriyankaAggarwal,
Ms. Mandarini Singh, Ms.Aparajita, T.A. Khan, (For B. Krishna
Prasad),Advs., with them forthe Respondent.
The following Order of the Court were delivered
ORDER
For the reasons to be recorded hereafter, we direct that
A-1 SushilAnsal andA-2 GopalAnsal shall stand sentenced
D 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
E amount within a period of three 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
F 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.
G
Nidhi Jain
Appeal disposed of with directions.
Lex