HITEN PRASAN DALAL vs C.B.I — Supreme Court of India, 23 July, 2015

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 369 OF 1999

Hiten Prasan DalalAppellant

versus

Central Bureau of InvestigationRespondent

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

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 JUDGMENT

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. JUDGMENT[ADARSH KUMAR GOEL]

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 409 OF 1999

Abhay Dharamshi NarottamAppellant

versus

Central Bureau of InvestigationRespondent

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]

JUDGMENT

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 (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 :

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

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]

HITEN PRASAN DALAL vs C.B.I on 23 July, 2015