R.N. Mitra Vs. C.B.I., Dehradun

[Criminal Appeal No. 1483 of 2011 arising out of SLP (Crl.) No. 3448 of 2010]

1. Leave granted.

2. Notice had been issued in this case on 12th November, 2010, restricted to the quantum of sentence only.

3. The trial court awarded the following sentences to the appellant:-

U/S	Trial Court
420 IPC	RI for 5 years Fine Rs. 50,000/- and in default of payment of fine RI for 2 years
471 r/w 468 IPC	RI for one year Fine Rs. 1,000/- and in default of payment of fine RI for 3 months
5(2) r/2 5(1)(d) of the Prevention of Corruption Act	RI for one year Fine Rs. 10,000/- and in default of payment of fine RI for six months

4. The High Court by the impugned judgment maintained the conviction of the appellant but reduced the sentence in the following terms:

U/S	Trial Court
420 IPC	RI for one year Fine '10,000/- and in default of payment of fine RI for six months
471 r/w 468 IPC	RI for one year Fine '1,000/- and in default of payment of fine RI for one month
5(2) r/2 5(1)(d) of the Prevention of Corruption Act	RI for one year Fine '10,000/- and default of payment of fine RI for six months

5. It is also evident from the record that the incident pertains to the year 1979 and the trial, appeal and revisional proceedings have gone on for over 30 years. We, therefore, feel that these are special reasons as to why the sentences awarded to the appellant for the aforesaid offences should be reduced from one year to three months.

6. With this modification in the sentence, the appeal is dismissed. The appellant be taken into custody to serve out the remaining part of his sentence.

..................J. [Harjit Singh Bedi]

..................J. [Gyan Sudha Misra]

New Delhi

July 22, 2011.

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