Supreme Court - Daily Orders
K. Mani vs Inspector Of Police, Special Cbi, Kochi on 19 January, 2018
Bench: Ranjan Gogoi, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 130 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION
(CRIMINAL) NO.2274 OF 2017]
K. MANI ...APPELLANT(S)
VERSUS
INSPECTOR OF POLICE,
SPECIAL CBI, KOCHI ...RESPONDENT(S)
ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. Limited notice was issued by this Court on 10th March, 2017 confined to the question of quantum of sentence. The accused appellant, who has been convicted under Section 7, 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 read with Section 120B of the Indian Penal Code, 1860, has been sentenced to undergo Signature Not Verified Digitally signed by VINOD LAKHINA rigorous imprisonment for three years on Date: 2018.01.19 16:55:40 IST Reason: 2 each count. Both the sentences were, however, directed to run concurrently.
4. The incident is of the year 1995. The accused by efflux of time is now aged about 66 years. The co-accused has been sentenced to undergo rigorous imprisonment for one year.
5. Taking into account the long efflux of time and the age of the accused appellant we are of the view that the ends of justice would be met if we alter the sentence of imprisonment imposed on the accused appellant to a period of one year. We order accordingly. The accused be released from custody if he has undergone the sentence as above (i.e. one year), as directed by the present order. 3
6. The appeal is disposed of subject to the modification as indicated above.
....................,J.
(RANJAN GOGOI) ...................,J.
(R. BANUMATHI)
NEW DELHI
JANUARY 19, 2018
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ITEM NO.48 COURT NO.2 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 2274/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 16-12-2015 IN CRLA NO. 434/2001 PASSED BY THE HIGH COURT OF KERALA AT ERNAKULAM) K. MANI PETITIONER(S) VERSUS INSPECTOR OF POLICE, SPECIAL CBI, KOCHI RESPONDENT(S) Date : 19-01-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Goutam Shivshankar, Adv.
Mr. Raghavendra S. Srivatsa, AOR For Respondent(s) Ms. Vibha Dutta Makhija, Sr. Adv.
Ms. Sushma Manchanda, Adv.
Mr. Ajay Amritraj, Adv.
Ms. Disha Vaish, Adv.
Mr. Ashish Prakash, Adv.
Mr. Prakash Kumar, Adv.
Mr. Mukesh Kumar Maroria, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]