LAWS(CAL)-2014-9-23

DEOLAL SHAW Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On September 05, 2014
Deolal Shaw Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) BOTH the appeals are directed against a common judgment and order of conviction and sentence. Hence they are taken up together for hearing and disposed of by a common judgment.

(2.) THE appeals are directed against the judgment and order dated 29th March, 2010 passed by the learned Judge, Special (C.B.I.) Court of Bichar Bhawan, Calcutta in R.C./Special (C.B.I.) Case No. 97 of 2006 convicting the appellant Deolal Shaw (appellant in CRA No. 259 of 2010) under Section 120B and 465 of the Indian Penal Code read with Section 471 and 420 of the Penal Code and also convicting him for commission of offence under Section 5(1)(d) of the Prevention and Corruption Act, 1947 and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/ - in default to suffer further simple imprisonment for five months on each count for the offences punishable under Sections 120B, 465 of the Indian Penal Code read with Section 471 and 420 of the Penal Code and under Section 5(2) of the Prevent and Corruption Act, 1947, and convicting the appellant Prasanta Kumar Das (appellant in CRA No. 260 of 2010) for commission of offence under Section 120B, 468 and 109 of the Indian Penal Code read with Section 420 of the said Code and sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/ - in default to suffer further simple imprisonment for five months on each count for the offence punishable under Sections 120B, 468 and 109 of the Indian Penal Code read with Section 420 of the said Code, all the sentences shall run concurrently.

(3.) APPELLANT Deolal Shaw has assailed the conviction and sentence in CRA No. 259 of 2010 while appellant Prasanta Kumar Das appealed against such conviction and sentence in CRA No. 260 of 2010. The appeals having been heard analogously and are being disposed of by a common judgment and order.