SAT BHUSHAN JAIN Vs. CBI

JUDGEMENT

(1.) THESE appeals arise out of the common judgment dated 20.12.2008 passed in CC Nos.66/2001, 67/2001, 69/2001, 70/2001, 71/2001 & 72/2001, wherein the appellant was the accused, and was convicted under Sections 420, 468, 471 & 477 -A of the I.P.C. and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (PC Act).

(2.) IN respect of each of the convictions, the appellant was sentenced to undergo Rigorous Imprisonment (RI) for different periods the maximum being three years. All the sentences were directed to run concurrently. He was also subjected to fine. The appellant has already paid the fine.

(3.) AFTER some arguments, learned counsel for the appellant submits that the appellant accepts the conviction in all the cases. However, the appellant prays that the sentence be reduced, considering the fact that the appellant had refunded about 90% of the amount, with interest, which he had diverted into an account maintained by him, from the accounts of the bank customers even before the detection of the offence on 06.08.1994; he was dismissed from service; lost his entire retiral benefits; and suffered a paralytic stroke on account of which he is suffering from Orthopaedic Handicap to the extent of 70%. In this respect, the appellant has placed on record the certificate issued by the Office of the Civil Surgeon, Jhajjar on 19.01.2000, wherein it is certified that the appellant has been found to be suffering from o/c CVA Rt Side with Hemiparesis Left Side with Gait Instability.