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TMI Blog2016 (3) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal is, therefore, partly allowed and the sentence imposed upon the appellant is modified by imposing fine of ₹ 50,000/- which shall be deposited within two months with the trial court. On deposit of the aforesaid amount, the bail bonds furnished by the appellant shall be discharged. - Criminal Appeal No. 214 OF 2016, 215 OF 2016 (Arising out of SLP (Criminal) No. 2148 of 2013, 2029 of 2016, 883 of 2015) - - - Dated:- 10-3-2016 - Mr. A.K. Sikri And Mr. R.K. Agrawal, JJ. For Petitioner(s) Mr. Sushil Kumar Jain, Mr. Puneet Jain, Mr. Abhinav Gupta, Mr. Manu Maheshwari, Ms. Pratibha Jain, For Respondent(s) Mr. S. S. Shamshery, Mr. Amit Sharma, Mr. S. Spandana Reddy, Ms. Ishu Prayas, Ms. Ruchi Kohli, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our attention to the judgment of this Court in T. Barai v. Henry Ah Hoe and Another [1983 (1) SCC 177] wherein this Court held that since the amendment was beneficial to the accused persons, it can be applied even with respect to earlier cases as well which are pending in the Court. In the said judgment, the Court held as under: 22. It is only retroactive criminal legislation that is prohibited under Article 20(1). The prohibition contained in Article 20(1) is that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence prohibits nor shall he be subjected to a penalty greater than that which might have been inflicted under the law in force ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y retrospective, and literally both concerning and after the facts committed. But I do not consider any law ex post facto within the prohibition that mollifies the rigour of the criminal law, but only those that create or aggravate the crime, or increase the punishment or change the rules of evidence for the purpose of conviction.... There is a great and apparent difference between making an unlawful act lawful and the making an innocent action criminal and punishing it as a crime. From the facts of the present case, we have no doubt in mind that the aforesaid judgment squarely applies thereon. This appeal is, therefore, partly allowed and the sentence imposed upon the appellant is modified by imposing fine of ₹ 50,000/- wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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