Ajay Kumar Pandey vs In Re:- Piyush Verma Addl. Civil Judge (Junior Division) Jalaun at Orai

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 Signature Not Verified the appellant to file an affidavit before the High Digitally signed by JAYANT KUMAR ARORA Date: 2016.08.10 16:09:54 IST Reason: 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 2

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

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 4

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.

5

OUT TODAY

ITEM NO.14 COURT NO.10 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 115/2016

AJAY KUMAR PANDEY Appellant(s)

VERSUS

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

(with appln. (s) for bail and exemption from filing O.T. and permission to file additional documents and stay and office report)

Date : 29/07/2016 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Appellant(s) Mr. Gaurav Agarwal, Adv.

Ms. Akriti Chaubey, Adv.

Mr. Ejaz Maqbool, Adv.

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R

The appeal is partly allowed in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, are disposed of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Court Master

(Signed non-reportable Judgment is placed on the file)