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RANJANA PRAKASH DESAI, MADAN B.LOKUR
Gulmahmad Abdulla Dall – Appellant
Versus
State of Gujarat – Respondent


Counsel for the Parties:
For the Petitioners:Ms. Prity Kunwar, Mr. Ejaz Maqbool, Mr. Rajiv Kumar and Mr. Rameshwar Prasad Goyal, Advocate
For the Respondents:Ms. Hemantika Wahi and Ms. Jesal, Advocates.

ORDER

1. Leave granted.

2. The appellants in these appeals were charged and tried by the Special Judge, Junagadh for offences under Sections 161 and 165(A) of Indian Penal Code and under Section 5(2) of the Prevention of Corruption Act, 1947. The appellants were sentenced to suffer rigorous imprisonment for one year and fine of Rs.2,500 each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for three months.

3. Being aggrieved by this judgment, the appellants carried an appeal to the High Court.

4. By the impugned order, the High Court confirmed the conviction. However, the High Court reduced the sentence of appellant-Jujarsinh to six months and sentence of appellant-Gulmahmad to nine months.

5. Being aggrieved by the said Judgment, the appellants have approached this Court.

6. We have heard learned counsel for the parties. Learned counsel for the appellant pressed the appeal only on the ground of sentence. He submitted that the incident took place about 27 years back. Appellant-Jujarsinh was a Head Constable. Appellant Gulmahmad was an Armed Constable. They have lost their jobs. They suffer from several ailments and, therefore, the sentence undergo

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