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| HC modified imprisonment to bank employee in corruption case | | | Early Times Report
JAMMU, Oct 21: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court modified the imprisonment awarded by CBI court to Abdul Khaliq Bhat, an employee of Kamraz Rural Bank (now J&K Grameen Bank).
Justice Rajnesh Oswal after hearing both the sides observed that trial court has examined in detail the evidence led by the prosecution which has been appreciated by this Court as well and this Court too has come to the same conclusion as the one arrived at by the learned trial court except in respect of conviction of the appellant for the commission of offence under section 420 RPC. The appellant has not been able to satisfy this Court that there has been any wrong appreciation of evidence by the learned trial court. In fact, on the basis of the evidence led by the parties, the only conclusion that can be arrived at is that the appellant is guilty of commission of offences punishable Section 409 RPC and 5(2) read with 5(1) (c) & (d) of the Prevention of Corruption Act. Therefore, this Court does not find any infirmity in the judgment of conviction recorded by the learned trial court except to the extent of conviction under section 420 RPC.
Accordingly, the appellant is acquitted of the charge for commission of offence under section 420 RPC, however, the conviction under sections 409 RPC and 5(2) read with 5(1) (c) &(d) of the J&K Prevention of Corruption Act, Samvat, 2006 is maintained. At the same time, the perusal of the judgment passed by the learned trial court reveals that at the time of conviction, the appellant was 65 years of age and at present he must be 70 years of age. Learned counsel for the appellant submitted that the appellant is suffering from old age problems and often remains admitted in the hospital. The learned trial court has already noted that there are no aggravating factors warranting exemplary punishment and, accordingly, awarded two years simple imprisonment on each count. This is also the fact that the money has been paid back to PW Bashir Ahmed Parray through Tariq Ahmed Parray.
Though Section 409 of RPC does not provide for award of minimum sentence but the commission of offence under Section 5(1)(c) & (d) of the PC Act is punishable with imprisonment for a term not less than one year along with fine. Taking into consideration that the appellant is 70 years old, the sentence awarded to him on each count is reduced from two years to one year on both counts. The sentences shall run concurrently and the period for which the appellant has already remained in custody shall be set off against the period of imprisonment of one year. The fine imposed by the trial court shall remain unaltered. The judgment dated 29.09.2018 passed by the Court of learned Special Judge Anti-Corruption (CBI) Cases, Srinagar in File NO: 313/2015 titled "C.B.I versus Abdul Khaliq Bhat" in case FIR No. 01220009A0004 is modified accordingly.
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