Mihir Das v. State of West Bengal & Anr.
Case brief
What is this about?
The High Court enhanced the compensation payable by the petitioner under a money laundering conviction from Rs. 2,25,000 to Rs. 3 lakhs. Failure to comply within four weeks would result in two months of simple imprisonment, modifying the earlier appellate reduction.
What did the court decide?
Compensation fixed at Rs. 3 lakhs; failure to pay within four weeks attracts two months simple imprisonment.
What the court decided
01.02.2023 Item No.17 BR
CRR 853 of 2011
In the matter of : Mihir Das
…….peti tioner
Mr. Provash Bhattacharya, Mr. Mirza Ahmed Begg ….. for the State
This criminal revision is directed against the
judgment and order passed by learned Aditional District and Sessions Judge, 2nd Fast Track Court of BichaR Bhavan , Calcutta in criminal appeal No. 83 of 2009 whereby learned appellate Court was pleased to modify the sentence imposed upon the petitioner for simple imprisonment of six months which was reduced to simple imprisonment of one month. The order of conviction however is maintained. Concurrent finding of learned courts below do not inspire me to interfere with the order of conviction.
So far the sentencing part is concerned, I am of the view that the petitioner should be directed to pay compensation to the opposite party/ complainant to the tune of Rs. 3 lacks instead of Rs. 2,25,000/- in default, he will have to suffer simple imprisonment for
two months. The impugned order passed by learned appellate Court is thus modified .
With this observation the criminal revision is disposed of.
Issues for consideration
3 issues framed by the court
Whether compensation awarded for money laundering should be increased to Rs. 3 lakhs with concurrent extension of imprisonment.
Whether the sentence modification by the appellate court warrants interference through criminal revision.
What interim measures are necessary to ensure compliance with the modified compensation order.
Parties & counsel
- petitioner
Mihir Das
- respondent
The State
Coram
Siddhartha Roy Chowdhury
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · February
- Registered
- Case no.
- CRR/853/2011
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