Pravin Damodar Karkera v. The State Of Maharashtra

Mhi 1 Cri-Appeal-89-1995.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 89 OF 1995 PRAVIN DAMODAR KARKERA ) residing at Bldg.No.25, 2nd floor, ) Sardar Nagar 2, Sion Koliwada, ) Bombay - 400 022.

)..APPELLANT (Orig.Accused) vs.

The State of Maharashtra

...Respondent

(through C.B.I.) Smt. V.V.Thorat,Advocate for the appellant.

Mr. Y.M.Nakhwa for respondent No.1 - CBI Mrs. A.A.Mane, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 15th December, 2015.

P.C.

Heard the learned counsel for the appellant and the learned counsel for the respondent.

2.

For the reasons to be recorded separately, the following order is passed :-

O R D E R

(i) The Appeal is partly allowed.

(ii) The conviction of the appellant for the offences punishable under Sections 467, 468, 471 of the Indian Penal Code and Sections 5(1)(d)

Mhi 2 Cri-Appeal-89-1995.sxw and 5(2) of the Prevention of Corruption Act, 1947 is hereby quashed and set aside.

(iii) The conviction of the appellant for the offence punishable under Section 420 of Indian Penal Code is maintained. (iv) The learned counsel for the appellant submits that the appellant has undergone the substantive sentence approximately for about one month. The sentence imposed by the Special Court is for a period of three months and fine of Rs.100/- for the offence punishable under Section 420 of IPC.

(v) The appellant is sentenced to the period already undergone. (vi) The sentence of fine is maintained.

(vii) The bail bonds of the appellant are cancelled. (viii) The amount of fine paid for the offences punishable under Sections 467, 468, 471 and 5(1)(d) and Section 5(2) of the Prevention of Corruption Act, 1947 be refunded to the appellant. The Appeal is disposed of.

(SMT.SADHANA S.JADHAV, J.)