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2017 Supreme(SC) 654

RANJAN GOGOI, NAVIN SINHA
P. N. Mohanan Nair – Appellant
Versus
State of Kerala – Respondent


ORDER :

Navin Sinha, J.

Leave granted.

2. The substantive appeals against convictions were dismissed as withdrawn on 09.12.2016. Liberty was however granted, to approach this court again if required. On the application made, the special leave petition was resurrected.

3. The short question of law for consideration is, if the offences essentially constitute a single transaction, but have been split up by the prosecution into three separate cases, will the sentences imposed individually, run concurrently or consecutively? The issue stands covered by the decisions in V.K. Bansal vs. State of Haryana and Another, (2013) 7 SCC 211 followed in Shyam Pal vs. Dayawati Besoya, (2016) 10 SCC 761 and Benson vs. State of Kerala, (2016) 10 SCC 307.

4. The appellant was a Peon in the office of Sub Registrar, Vazhoor. He was alleged to have misappropriated Rs.92,225/- from public funds during 1995-1996, without making remittance in the Sub Treasury, creating false challans showing remittance. The Prosecution initiated under Sections 13(2) read with 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as “the Act”) and under Sections 409, 465 and 471, I.P.C. was split up i







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