MORESHWAR HARI MAHATME Vs. STATE

JUDGEMENT

(1.) The applicant prays for a certificate of fitness under Art.134 (1) (c) of the Constitution of India enabling him to prefer an appeal to the Supreme Court.

(2.) The applicant has been convicted by the Special Judge, Panaji, under S.120-B (1) read with Ss.420, 468, 471 and 109, I.P.C. and S.5 (1) (d) of the Prevention of Corruption Act read with S.109, I.P.C. and sentenced to 2 years R.I. and Rs.500/- of fine or in default to further one month's R. I. He was further convicted under Ss.420, 468, 471,all read with S.109, I. P. C. and sentenced to 2 years R. I. and Rs.500/- of fine for each offence or in default further one month's R. I. and also under S.5 (2) read with S.5 (1)(d) of the Prevention of Corruption Act and S.109, I. P. C. and sentenced to 2 years R.I. and Rs.2,00,000/- of fine or in default 18 months R.I, under the provisions of S.5 (2)-A of the Prevention of Corruption Act and S.165 of the I. P. C. His appeal to this Court against that order of conviction and sentence was dismissed by this Court in appeal on 19-3-77.* He now makes this application.(Goa).

(3.) It appears to me that none of the grounds mentioned in the application entitles me to grant the certificate prayed for. Before I consider the grounds n detail, I shall set out the law as it is laid down by the Supreme Court and some other High Courts in India.