Research › Browse › Judgment

Supreme Court of India · body

2015 DIGILAW 906 (SC)

Hiten Prasan Dalal v. Central Bureau of Investigation

2015-07-23

ADARSH KUMAR GOEL, JAGDISH SINGH KHEHAR

body2015
ORDER 1. These bunch of cases, are in respect of different transactions. The allegations against the accused are, however, of a similar nature. In the general conspiracy, the main accused Harshad Mehta died before the trial, which he was facing, concluded. We are informed by learned counsel, that a few matters of the like nature, have been adjudicated upon by this Court, wherein the accused-appellants have been acquitted. In other matters, while maintaining the conviction of the accused, this Court, while examining the quantum of sentence, has held, that the same needed to be modified, to the period already undergone by them. In this behalf, learned counsel for the rival parties have invited our attention to Ram Narayan Popli vs. Central Bureau of Investigation 2003 (3) SCC 641 , and S. Mohan vs. Central Bureau of Investigation 2008 (7) SCC 1 . 2. It is also pointed out by the learned counsel, that the appellants in this case are brokers and/or bank employees. The transactions in question pertain to the early 1990's. And as such, according to learned counsel, it would suffice, if while maintaining their conviction, their sentence is altered to the period already undergone by them. 3. Since it is pointed out, that the appellants herein were not the main accused, and since they have faced investigation and trial for about two and a half decades, we are satisfied, that ends of justice would be met if, while maintaining the appellants conviction, their sentence is modified to the period already undergone. Ordered accordingly. The fine, if any, imposed shall however remain payable. 4. The appeals stand disposed of in the aforesaid terms.