Full Judgment Text
M.A. 2597/2018 in Crl.A. 895-896/2018
1
“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 2597/2018
IN
CRIMINAL APPEAL NO. 895/2018
(@ CRIMINAL APPEAL NOS. 895-896/2018)
STATE OF GUJARAT Appellant
VERSUS
NAVINBHAI CHANDRAKANT JOSHI Respondent/
Applicant
O R D E R
This is a petition filed by the accused
no. 2/respondent no. 1 to modify the judgment dated
17.7.2018 in Criminal Appeal Nos. 895-896/2018. In
paragraph (3) of the judgment, the accused no. 2/respondent
no. 1 has been stated to be the Government servant, which is
not factually correct. Though, the accused no. 2/respondent
no. 1 is not a Government servant, bribe amount in currency
notes of Rs.500/- were recovered from him only; there were
signs of anthracene powder noticed from the shirt pocket of
the accused no. 2/respondent no. 1. Considering the fact
that currency notes were recovered form the accused no.
2/respondent no. 1, in our view, the ingredients of Section
8 of the Prevention of Corruption Act, 1988 are established.
Signature Not Verified
Digitally signed by
DEEPAK GUGLANI
Date: 2018.12.08
13:16:24 IST
Reason:
The conviction of the accused no. 2/respondent no. 1 under
Sections 7 and 13(1)(d) read with 13(2) of the Prevention of
Corruption Act, 1988 is modified as the conviction under
M.A. 2597/2018 in Crl.A. 895-896/2018
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Section 8 of the said Act, and the sentence of one year
imposed is reduced to six months.
The judgment shall be modified accordingly.
....................CJI
[Ranjan Gogoi]
....................J.
[R. BANUMATHI
New Delhi;
December 7, 2018.
M.A. 2597/2018 in Crl.A. 895-896/2018
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ITEM NO.301 COURT NO.1 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. No. 2597/2018 in Criminal Appeal Nos. 895-896/2018
STATE OF GUJARAT Appellant
VERSUS
NAVINBHAI CHANDRAKANT JOSHI Respondent/
Applicant
(FOR ADMISSION and IA No.119535/2018-MODIFICATION)
Date : 07-12-2018 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner
Ms. Hemantika Wahi, Adv. (AOR)
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Vishakha, Adv.
For Respondent/
Applicant Mr. Parthiv Goswami, Adv.
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, Adv.
Mr. Vikash Singh, AOR
Mr. Himanshu Chaubey, Adv.
Ms. Tanvi Bhatnagar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The judgment dated 17.7.2018 in Criminal Appeal
Nos. 895-896/2018 is modified in terms of the signed
reportable order.
M.A. No. 2597/2018 is accordingly disposed of.
(Deepak Guglani) (Anand Prakash)
Court Master Court Master
(signed reportable order is placed on the file)