R.N.MITRA Vs C.B.I DEHRADUN
Bench: HARJIT SINGH BEDI,GYAN SUDHA MISRA, , ,
Case number: Crl.A. No.-001483-001483 / 2011
Diary number: 34720 / 2009
Advocates: Vs
ARVIND KUMAR SHARMA
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010 1
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1483 OF 2011 ARISING OUT OF SLP (CRL.) NO. 3448 OF 2010
R.N. MITRA ..... APPELLANT
VERSUS
C.B.I., DEHRADUN ..... RESPONDENT
O R D E R
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
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010 2
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 High 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.
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010 3
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.