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Supreme CourtDivision Bench(2015) 07 SC CK 0110

Hiten Prasan Dalal and Others vs Central Bureau of Investigation

Supreme Court Of India · Decided on 23 July 2015 · Citation: AIR 2015 SC 3674 : (2015) 4 AJR 491 : (2016) 1 ALT(Cri) 185 : (2015) 3 CCR 327 : (2015) CriLJ 4493 : (2015) 3 RCR(Criminal) 945 : (2015) 9 SCJ 490

HON’BLE JUDGES
J.S. Khehar, J · A.K. Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal Nos. 369, 372, 405, 409, 410, 411, 412, 413 and 414 of 1999

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Judgment

8 paragraphs · 405 words
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 Narain Poply, Pramod Kumar Manocha, Vinayak Narayan Deosthali and Harshad S. Mehta Vs. Central Bureau of Investigation and Others, AIR 2003 SC 2748 : (2003) CriLJ 4801 : (2003) 1 JT 184 : (2003) 1 SCALE 171 : (2003) 3 SCC 641 : (2003) 42 SCL 275 : (2003) 1 SCR 119 : (2003) AIRSCW 3119 : (2003) 1 Supreme 537 , and S. Mohan Vs. Central Bureau of Investigation, (2008) 106 CLT 360 : (2008) 8 SCALE 66 : (2008) 7 SCC 1 : (2008) 84 SCL 443 : (2008) AIRSCW 3557 : (2008) 4 Supreme 10 .

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.

5.

It is brought to our notice, that the Appellant-Abhay Dharamshi Narottam has died.

6.

In view of the above, the appeal abates, and is dismissed as such.

7.

The appeals except Criminal Appeal No. 409/1999 stand disposed of in terms of the signed order.

8.

Criminal Appeal No. 409/1999 stands abated in terms of the signed order.