Hiten Prasan Dalal Vs. Central Bureau of Investigation
EmailAppeal: CRIMINAL APPEAL NO. 369 OF 1999
Petitioner: Hiten Prasan Dalal
Respondent: Central Bureau of Investigation
Judges: JAGDISH SINGH KHEHAR
Date of Judgment: Jul 23, 2015
JUDGEMENT:
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 369 OF 1999
Hiten Prasan Dalal ..Appellant
versus
Central Bureau of Investigation ..Respondent
WITH
CRIMINAL APPEAL NO. 372 OF 1999 CRIMINAL APPEAL NO. 405 OF 1999 CRIMINAL APPEAL NO. 410 OF 1999 CRIMINAL APPEAL NO. 411 OF 1999 CRIMINAL APPEAL NO. 412 OF 1999 CRIMINAL APPEAL NO. 413 OF 1999 CRIMINAL APPEAL NO. 414 OF 1999
O R D E R
These bunch of cases, are in respect of different transactions. The allegations against the accused are, however, of a similar nature. In the general conspiracy, the main accused Harshad Mehta died before the trial, which he was facing, concluded. We are informed by learned counsel, that a few matters of the like nature, have been adjudicated upon by this Court, wherein the accused-appellants have been acquitted. In other matters, while maintaining the conviction of the accused, this Court, while examining the quantum of sentence, has held, that the same needed to be modified, to the period already undergone by them. In this behalf, learned counsel for the rival parties have invited our attention to Ram Narayan Popli vs. Central Bureau of Investigation 2003 (3) SCC 641, and S. Mohan vs. Central Bureau of Investigation 2008 (7) SCC 1. It is also pointed out by the learned counsel, that the appellants in this case are brokers and/or bank employees. The transactions in question pertain to the early 1990’s. And as such, according to learned counsel, it would suffice, if while maintaining their conviction, their sentence is altered to the period already undergone by them. Since it is pointed out, that the appellants herein were not the main accused, and since they have faced investigation and trial for about two and a half decades, we are satisfied, that ends of justice would be met if, while maintaining the appellants conviction, their sentence is modified to the period already undergone. Ordered accordingly. The fine, if any, imposed shall however remain payable. The appeals stand disposed of in the aforesaid terms.
…………………J. [JAGDISH SINGH KHEHAR]
NEW DELHI; …………………J. JULY 23, 2015. [ADARSH KUMAR GOEL]
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 409 OF 1999
Abhay Dharamshi Narottam ..Appellant
versus
Central Bureau of Investigation ..Respondent
O R D E R
It is brought to our notice, that the appellant “ Abhay Dharamshi Narottam has died. In view of the above, the appeal abates, and is dismissed as such.
…………………J. [JAGDISH SINGH KHEHAR]
NEW DELHI; …………………J. JULY 23, 2015. [ADARSH KUMAR GOEL]
ITEM NO.104 COURT NO.4 SECTION IIA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Criminal Appeal No(s). 369/1999
HITEN PRASAN DALAL Appellant(s)
VERSUS
C.B.I. Respondent(s) (with appln(s) for permission to replace the volumes 3 to 13 in place of old volumes 3 to 13 filed on 4.4.2001 and permission to place additional documents on record, directions, permission to file additional documents and office report) WITH Crl.A. No. 372/1999 Crl.A. No. 405/1999 Crl.A. No. 409/1999 Crl.A. No. 410/1999 Crl.A. No. 411/1999 Crl.A. No. 412/1999 Crl.A. No. 413/1999 Crl.A. No. 414/1999 (with appln(s) for permission to replace the volumes 3 to 13 in place of old volumes 3 to 13 filed on 4.4.2001 and permission to place additional documents on record, directions, permission to file additional documents and office report)
Date : 23/07/2015 These appeals were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON’BLE MR. JUSTICE ADARSH KUMAR GOEL
For Appellant(s) Mr. Anirudh Sharma, Adv. Mr. Siddhesh Kotwal, Adv. for Mrs V. D. Khanna,AOR
Mr. Siddhartha Dave, Adv. Ms. Jentiben AO, Adv. for M/s. K. J. John & Co.
Ms. Radha Rangaswamy,AOR
Mr. R. C. Kohli,Adv.(AC)
Mr. B. Badrinath, Adv. for Mr. R. Gopalakrishnan,AOR
Mr. Kartik Bhatnagar, Adv. Ms. Khushboo Bari, Adv. for Mrs. Nandini Gore,AOR
Mr. Jatin Zaveri, Adv. Mr. Neel Kamal Mishra, Adv. Mr. Nipun Goel, Adv.
For Respondent(s) Ms. Pinky Anand, ASG Mr. Karan Seth, Adv. for Ms. Sushma Suri,AOR
UPON hearing the counsel the Court made the following O R D E R
The appeals except Criminal Appeal No. 409/1999 stand disposed of in terms of the signed order.
Criminal Appeal No. 409/1999 stands abated in terms of the signed order.
(Renuka Sadana) (Parveen Kr. Chawla) Court Master AR-cum-PS [Two Signed Orders are placed on the file]
CRIMINAL APPEAL NO. 369 OF 1999
Hiten Prasan Dalal ..Appellant
versus
Central Bureau of Investigation ..Respondent
WITH
CRIMINAL APPEAL NO. 372 OF 1999 CRIMINAL APPEAL NO. 405 OF 1999 CRIMINAL APPEAL NO. 410 OF 1999 CRIMINAL APPEAL NO. 411 OF 1999 CRIMINAL APPEAL NO. 412 OF 1999 CRIMINAL APPEAL NO. 413 OF 1999 CRIMINAL APPEAL NO. 414 OF 1999
O R D E R
These bunch of cases, are in respect of different transactions. The allegations against the accused are, however, of a similar nature. In the general conspiracy, the main accused Harshad Mehta died before the trial, which he was facing, concluded. We are informed by learned counsel, that a few matters of the like nature, have been adjudicated upon by this Court, wherein the accused-appellants have been acquitted. In other matters, while maintaining the conviction of the accused, this Court, while examining the quantum of sentence, has held, that the same needed to be modified, to the period already undergone by them. In this behalf, learned counsel for the rival parties have invited our attention to Ram Narayan Popli vs. Central Bureau of Investigation 2003 (3) SCC 641, and S. Mohan vs. Central Bureau of Investigation 2008 (7) SCC 1. It is also pointed out by the learned counsel, that the appellants in this case are brokers and/or bank employees. The transactions in question pertain to the early 1990’s. And as such, according to learned counsel, it would suffice, if while maintaining their conviction, their sentence is altered to the period already undergone by them. Since it is pointed out, that the appellants herein were not the main accused, and since they have faced investigation and trial for about two and a half decades, we are satisfied, that ends of justice would be met if, while maintaining the appellants conviction, their sentence is modified to the period already undergone. Ordered accordingly. The fine, if any, imposed shall however remain payable. The appeals stand disposed of in the aforesaid terms.
…………………J. [JAGDISH SINGH KHEHAR]
NEW DELHI; …………………J. JULY 23, 2015. [ADARSH KUMAR GOEL]
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 409 OF 1999
Abhay Dharamshi Narottam ..Appellant
versus
Central Bureau of Investigation ..Respondent
O R D E R
It is brought to our notice, that the appellant “ Abhay Dharamshi Narottam has died. In view of the above, the appeal abates, and is dismissed as such.
…………………J. [JAGDISH SINGH KHEHAR]
NEW DELHI; …………………J. JULY 23, 2015. [ADARSH KUMAR GOEL]
ITEM NO.104 COURT NO.4 SECTION IIA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Criminal Appeal No(s). 369/1999
HITEN PRASAN DALAL Appellant(s)
VERSUS
C.B.I. Respondent(s) (with appln(s) for permission to replace the volumes 3 to 13 in place of old volumes 3 to 13 filed on 4.4.2001 and permission to place additional documents on record, directions, permission to file additional documents and office report) WITH Crl.A. No. 372/1999 Crl.A. No. 405/1999 Crl.A. No. 409/1999 Crl.A. No. 410/1999 Crl.A. No. 411/1999 Crl.A. No. 412/1999 Crl.A. No. 413/1999 Crl.A. No. 414/1999 (with appln(s) for permission to replace the volumes 3 to 13 in place of old volumes 3 to 13 filed on 4.4.2001 and permission to place additional documents on record, directions, permission to file additional documents and office report)
Date : 23/07/2015 These appeals were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON’BLE MR. JUSTICE ADARSH KUMAR GOEL
For Appellant(s) Mr. Anirudh Sharma, Adv. Mr. Siddhesh Kotwal, Adv. for Mrs V. D. Khanna,AOR
Mr. Siddhartha Dave, Adv. Ms. Jentiben AO, Adv. for M/s. K. J. John & Co.
Ms. Radha Rangaswamy,AOR
Mr. R. C. Kohli,Adv.(AC)
Mr. B. Badrinath, Adv. for Mr. R. Gopalakrishnan,AOR
Mr. Kartik Bhatnagar, Adv. Ms. Khushboo Bari, Adv. for Mrs. Nandini Gore,AOR
Mr. Jatin Zaveri, Adv. Mr. Neel Kamal Mishra, Adv. Mr. Nipun Goel, Adv.
For Respondent(s) Ms. Pinky Anand, ASG Mr. Karan Seth, Adv. for Ms. Sushma Suri,AOR
UPON hearing the counsel the Court made the following O R D E R
The appeals except Criminal Appeal No. 409/1999 stand disposed of in terms of the signed order.
Criminal Appeal No. 409/1999 stands abated in terms of the signed order.
(Renuka Sadana) (Parveen Kr. Chawla) Court Master AR-cum-PS [Two Signed Orders are placed on the file]
