1979 INSC 0106
                                         Talaksi Malsi Sawala and Others

                                                           Vs

                                                State of Maharashtra

                                          Criminal Appeal No. 1 of 1973

                                      (Syed M. Fazal Ali, A. D. Koshal JJ)

                                                      09.02.1979

                                                     JUDGMENT

FAZAL ALI, J. ­

1. This appeal by certificate is pressed by the learned counsel for the appellants only on the question
of sentence. There are 25 appellants in this case and have been convicted under various provisions
of the Bombay Prevention of Gambling Act. The first appellant according to the allegations of the
prosecution, was the keeper of the gaming house. The occurrence took place as far back as 1968,
that is to say, about 11 years ago. In these circumstances, we do not feel it will be conducive in the
interest of justice to send back the accused to jail for a very short term. We, therefore, set aside the
sentence of imprisonment in case of all the appellants and convert the sentences into one of fine in
the following manner.

2. Appellant 1 Talaksi Malsi Sawala is sentenced to a fine of Rs. 2000 including a sum of Rs. 500
which has already been imposed by the High Court, in default one month's rigorous imprisonment.

3. The sentences of imprisonment of rest of the appellants are also set aside and the sentences are
converted into a fine of Rs. 400 each including the amount which has been imposed by the trial
Court, in default one month's rigorous imprisonment. A month's time is allowed to all the appellants
to pay to fine, after which they will be discharged from their bail bonds. The convictions of the
appellants are, however, upheld. With this modification the appeal is dismissed.

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