(Ranjan Gogoi and R. Banumathi, JJ.)
K. Mani _______________________________________ Appellant;
v.
Inspector of Police, Special CBI, Kochi ______________ Respondent.
Criminal Appeal No(s). 130 of 2018 [Arising out of Special Leave Petition (Criminal) No. 2274 of 2017], decided on January 19, 2018
The Order of the court was delivered by
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 rigorous imprisonment for three years on 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.
6. The appeal is disposed of subject to the modification as indicated above.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 2274/2017
K. Mani __________________________________________ Petitioner
v.
Inspector of Police, Special CBI, Kochi _________________ Respondent
Date : 19-01-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
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
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of the signed order.
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