ARVIND KESHAVLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant-original convict has preferred present appeal under Sec. 374 read with Sec. 386 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 29th October, 1996 passed by the learned Special Judge, Ahmedabad Rural, in Special Case no. 6 of 1986, whereby the learned trial Judge has held the appellant guilty for the offences punishable under Secs. 467, 420, 471 and 477a of the Indian penal Code and also under Secs. 5 (2) and 5 (l) (d) of the Prevention of Corruption act and the learned Special Judge sentenced the appellant to undergo rigorous imprisonment for four years and a fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for one year for the offence punishable under Sec. 467 of the Indian Penal Code. So far as the offence punishable under sec. 420 of the Indian Penal Code is concerned, the appellant has been sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for three months and the appellant is sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for three months for the offences punishable under Secs. 5 (2) and 5 (1) (d) of the Prevention of Corruption Act. No separate sentence is ordered for the offences punishable under Secs. 471 and 477a of the Indian Penal Code.

(2.) THE legality and validity of the aforesaid judgment and order of the conviction and sentence has been challenged by the appellant on various grounds mentioned in the memo of the appeal, however, Shri N. S. Sheth, learned Counsel appearing for the appellant, submits that after payment of entire amount of fine of Rs. 7,000/- on 19th November, 1986, the appellant prayed for admission of the appeal, while in Jail.

(3.) THIS Court on 17th March, 1987 while admitting the appeal ordered to issue notice to show cause as to why the sentence should not be enhanced. The Division Bench of this Court (Coram : M. B. Shah and B. S. Kapadia, jj.) ordered, "appeal admitted. Enhancement notice against the appellant to issue. " Thus, issuance of the said notice, the Court initiated 'suo motu' proceedings by way of Misc. Criminal Application No. 564 of 1987. Meanwhile. the Branch Manager of Bank of Baroda, Relief Road Branch, Ahmedabad, moved this Court by way of preferring Criminal Revision Application No. 54 of 1987 being the original complainant, by expressing grievance that the punishment imposed by the learned trial Judge is inadequate for the grounds mentioned in the memo of the Revision Application.