Respondent-Jharkhand High Court initiated proceedings
against the appellant under the Contempt of Courts Act, 1971
and convicted him for the offence of criminal contempt and
sentenced him to undergo sentence of simple imprisonment for
six months. There was also a direction to the Bar Council of
India to take appropriate action against the appellant. It was
made clear that until the appellant purged with the contempt,
he would not be entitled to practise under the jurisdiction of
the respondent-High Court, except for the chamber practice.
As per the interim Order dated 3rd December, 2007 while
admitting the appeal, the sentence of imprisonment awarded to
the appellant was stayed by this Court.
We find from the order dated 2nd February, 2013 of the Bar
Council of India that they had dropped the proceedings against
the appellant on account of his serious ill-health, having met
MAHABIR SINGHDate: with2018.07.11 an accident.
It is seen from the order of this Court dated 22nd
February, 2017 that this Court had also taken note of the
adverse health condition of the appellant.
Mr. Krishnanand Pandey, learned counsel appearing for the
respondent-High Court, submits that the appellant has not been
practising in the jurisdiction of the Jharkhand High Court.
Having regard to the peculiar facts and circumstances of
the case, we are of the view that interest of justice would be
met and complete justice done in case the Interim Order dated
3rd December, 2007 is made absolute and the appeal is disposed
of, thereby vacating that part of the impugned order on
sentence of imprisonment. Ordered accordingly.
In view of above, the appeal is party allowed.