The Bhutanese Leading the way.
On 21 May 2025 the Supreme Court (SC) convicted Phajo Nidup with a sentence of 15 years, 5 months, and 28 days, without the option of a fine.
The court established that of the 275 counts for which he was convicted earlier, 221 counts were felonies and the remaining sentences corresponding to non-felony offenses, totalling 5 years, 7 months, and 29 days, and so he is allowed to pay fines in lieu of imprisonment within 3 months.
He committed offenses of Forgery, Bribery, Solicitation, Deceptive Practices and Tampering with Official Documents.
The SC judgement reversed the High Court’s Judgment and affirmed the Time Bound Bench’s Judgment.
After his conviction from the High Court, Phajo Nidup appealed to the SC in plea for concurrent sentencing for 5 offences and plea for fines in lieu of imprisonment for non-felony sentences.
The Court found that the consecutive imposition of these sentences for five different categories of offenses is proportionate and aligns with the provisions of Section 210 of the Civil and Criminal Procedure Code of Bhutan.
Also, given that these five offenses are not identical charges and were perpetrated at different times, his request to serve these distinct sentences concurrently was denied.
However, his appeal for non-felony sentences to be commuted to fines, previously rejected by the High Court, was accepted.
According to Section 28 of the Bhutan Penal Code (Amendment 2021), fines may be imposed for non-felony offenses. The determination of eligibility for payment of fines in lieu of imprisonment requires consideration of factors outlined in Section 73 of the Bhutan Penal Code.
High Court Judgment
The High Court sentenced him to a total of 20 years, 7 months, and 13 days imprisonment, effective from the date of his second arrest on 21 April, 2022.
The Court partially reversed the Time Bound Bench’s Judgment.
Time Bound Bench’s Judgment
The court imposed a sentence of 21 years, 1 month and 27 days, and of this sentence, 5 years, 7 months, and 29 days have been compoundable, allowing for potential payment of fine in lieu of imprisonment.
The sentencing break up is 8 years 11 months 29 days for bribery, 2 years 11 months 29 days for deceptive practice, 4 years 11 months and 29 days for forgery, 2 years 8 months for tampering with documents and 1 year 6 months for solicitation.
