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1980 Supreme(SC) 104

A.D.KOSHAL, D.A.DESAI
Meet Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
M.S.Bhillon, N.C.TALUKDAR, Shrinath Singh

JUDGMENT

DESAI, J. :—While we decline to grant special leave in this case, an unsavoury feature of the judgment which rather stares into our face, and surface at regular intervals, makes it obligatory to make a few observations.

2. Petitioner was convicted for having committed offences under Section 161 of the I.P.C. and Section 5 (2) of the Prevention of Corruption Act and was sentenced to suffer R. I. for one year on each count and on the second count, also to pay a fine of Rs. 400/- or in default to suffer further R. I. for three months by the learned Special Judge. Both the substantive sentences of imprisonment were directed to run concurrently.

3. Petitioner preferred Criminal Appeal No. 989 of 1977, against his conviction and sentence to the High Court of Punjab and Harayana at Chandigarh.

4. This appeal came up for final hearing before a learned single Judge of the High Court on 31st October 1979. When the appeal was taken up for hearing, learned counsel for the petitioner appearing in the High Court did not question either the correctness or the legality of the conviction. This is unquestionable as the High Court has observed while disposing of the appeal that "no arguments on











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