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2023 Supreme(Guj) 991

A. S. SUPEHIA, M. R. MENGDEY
Birju Salla @ Amar Soni S/o Kishor Salla – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Yogesh Lakhani, Senior Advocate With Mr. Vikram Chaudhari, Senior Advocate With Mr Hardik P Modh, Advocate, Mr. Rishi Segal, Advocate, Mr. Amit Laddha, Advocate And Ms. Shweta Segal, Advocate
For the Respondent:Ms. Vrunda C. Shah, APP, Mr Devang Vyas, ASG with Mr. Kshitij Amin, Advocate

JUDGMENT :

A.S. SUPEHIA, J.

Since the order dated 15.05.2023, passed by the Supreme Court in Misc. Application No.790 of 2023 for taking and deciding the appeal within a period of two months has been pointed out, we are deciding the main appeal.

1. The present appeal emanates from the judgement of conviction and order of sentence dated 11.06.2019 passed in NIA Special Case No.1 of 2018 by the Court of City Sessions Court at Ahmedabad. The appellant-accused is convicted for the offences punishable under Sections 3(1), 3(2)(a) and 4(b) of the Anti-Hijacking Act, 2016 (for short “the Act”) and whereby he has been sentenced to undergo imprisonment for life, which shall mean imprisonment for the remainder of his natural life, and is also further ordered to pay fine to the tune of Rs.5,00,00,000 (Rupees Five Crores only) under Section 4(b) of the Act. Further, from the amount of fine recovered from the accused, the Captain and First Officer of Flight No.9W-339, being Mr.Jay B. Jariwala and Mr.Ashutosh Nevase respectively are awarded amount of Rs.1,00,000/- each, the crew members - Ms.Nitika Joneja and Mr.Mohit Tyagi are ordered to be given an amount of Rs.50,000/- (Rupees Fifty Thousand onl

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