SUSHIL ANSAL versus STATE THROUGH CBI

SUSHIL ANSAL versus STATE THROUGH CBI

Convicted owners sentenced to two years rigorous imprisonment for offences under Section 304A read with Section 36 and Sections 337 and 338 read with Section 36 IPC; sentence reduced to period already undergone if they pay Rs.30 crores each within three months, given advanced age and circumstances.

Parties
Appellant: Sushil Ansal; Respondent: State through CBI
Jurisdiction
India
Judgment Date
19 August 2015
Procedural Posture
Criminal Appeal / Disposition Following Appeal Against High Court Judgment
Outcome
Appeal disposed of with directions
Legal Topics
Sentence/sentencing, Negligence, Section 304 a IPC, Section 36 IPC, Section 337 IPC, Section 338 IPC
Criminal Law Sentence/sentencing Negligence Section 304 a IPC Section 36 IPC Section 337 IPC Section 338 IPC

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Parties

Sushil Ansal

Appellant

State through CBI

Respondent

Procedural Posture

Criminal Appeal / Disposition Following Appeal Against High Court Judgment

Legal Issues

  1. 1 Sentencing of cinema owners convicted for negligence resulting in deaths
  2. 2 Appropriateness of reduction of sentence on payment of compensation

Ratio Decidendi

Convicted owners sentenced to two years rigorous imprisonment for offences under Section 304A read with Section 36 and Sections 337 and 338 read with Section 36 IPC; sentence reduced to period already undergone if they pay Rs.30 crores each within three months, given advanced age and circumstances.

Court Disposition

Appeal disposed of with directions

Orders

  • A-1 Sushil Ansal and A-2 Gopal Ansal sentenced to undergo rigorous imprisonment for two years; if they pay Rs.30 crores each within three months, sentence stands reduced to period already undergone
  • Failing payment, they shall undergo the sentence of two years each, excluding the term already undergone