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2008 Supreme(Guj) 340

M.D.SHAH
SHANTILAL MAGANLAL PANDYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates: Bhargav HasurkarM, L.R.PUJARI, Renu R.Singh, S.V.Raju, Y.N.RAVANI,

M. D. SHAH, J.

( 1 ) THIS batch of three appeals arise out of the judgment and order of conviction and sentence dated 2-4-1987 rendered by the learned Special Judge, Ahmedabad in Special Case no. 13 of 1979 whereby the appellant-original accused no. 1 was sentenced to suffer R. I. for a period of two years and to pay fine of Rs. 5000/-, in default, R. I. for a period of six months for the offence punishable under Section 5 (2) read with Section 5 (1 (d) of the Prevention of Corruption Act, 1947 ("the Act" for short ). He was also sentenced to suffer imprisonment for a period of one year and to pay a fine of Rs. 2000/-, in default, to suffer R. I. for a period of three months for the offence punishable under Section 165 of the Indian Penal Code ("ipc" for short ). No separate sentence was imposed for the offence punishable under Section 161, IPC. The substantive sentences against the appellant-original accused no. 1 were also ordered to run concurrently. Similarly, the accused no. 2 was sentenced to suffer R. I. for a period of two years for the offence punishable under Section 120b read with Section 161, 165,420,471 of the IPC and also read with Section 5 (1) (d) read with Section




































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