M.A. 2597/2018 in Crl.A. 895-896/2018
“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
ORDER
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. 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
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
ITEM NO.301 COURT NO.1 SECTION II-B SUPREME COURT O F INDIA 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
ORDER
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)