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2019 DIGILAW 849 (SC)

Madhukar Baliram Ukey v. Central Bureau Of Investigation

2019-02-25

RANJAN GOGOI, SANJIV KHANNA

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ORDER 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. Limited notice was issued by this Court on 8th October, 2018 to the question of quantum of sentence. 4. The accused appellant has been convicted under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "P.C. Act"). For the offence under Section 7 of P.C. Act, he has been sentenced to simple imprisonment of one year and fine of Rs.1,000/- with default stipulation and for the offence under Section 13(1)(d) and 13(2) he has been sentenced to simple imprisonment for three (03) years and fine of Rs.1,500/- with default stipulation. 5. The minimum sentence under the aforesaid provisions of the P.C. Act at the relevant point of time was six months [for the offence under Section 7] and one year [for the offence under Section 13(1)(d) and 13(2)]. The incident is of the year 1996. The accused appellant is about 72 year's old. 6. Taking into account the totality of the facts of the case we are of the view that the ends of justice would be served if while maintaining the conviction, the sentence is reduced to the minimium i.e. six months for the offence under Section 7 and one year for the offence under Section 13(1)(d) and Section 13(2). We order accordingly. Both the sentences to run concurrently. 7. The appellant is on bail. He is directed to surrender before the jurisdictional trial Court and serve out his remaining period of sentence. 8. The appeal is disposed of in the above terms.