An appellate court may invoke the Probation of Offenders Act to modify a sentence of imprisonment when the significant lapse of time between the commission of an offence and the final judicial resolution renders continued incarceration disproportionate to the interests of justice.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. A Rahman, learned Amicus Curiae, appearing for the appellants and Ms. M Kumari, learned Retainer counsel, CBI, appearing for the respondent, in the above noted appeals.

2. The appellants, in the above noted appeals, have assailed the judgment and order dated 07.10.2013, passed by the Court of the learned Special Judge, CBI, Assam, Guwahati, in Special Case No. 160/2004, convicting the appellants under Sections 420/471 of the IPC and sentencing each of them to undergo Rigorous Imprisonment for 1 (one) year, along with payment of fine of Rs.2,000/- (Rupees Two Thousand), in default, to undergo Rigorous Imprisonment for 2 (two) months for the offence under Section 420 and further, sentencing each of them to undergo Rigorous Imprisonment for 6 (six) months for the offence under Section 471 .

3. The prosecution case in brief is that one B.C. Thakur, while posted as Branch Manager at Allahabad Bank, Dhekorgorah Branch, Jorhat, during the period 1996-1999 and Sh. B.K. Debnath, while posted as Branch Manager in the said Branch, during the period 1999-2000, had entered into criminal conspiracy with some private persons during their respective tenures and in pursuance thereof, had extended credit facilities and term loans to several persons against forged and fake surrendered LICI policies, in total violation of the banking rules and procedures, leading to the bank suffering a loss of Rs.40,00,000/-.

An FIR in this connection was lodged by one Surajit Choudhury, Regional Manager of the Bank with the CBI.

The CBI authorities, upon completion of the investigation, proceeded to lay a charge-sheet against 15 (fifteen) accused, including the appellants, in the above noted appeals.

The charge-sheet against the appellants, was so submitted under Sections 120B/420/471 IPC. The charge on being framed and the same being read over and explained to the appellants in the above noted appeals, they having pleaded not guilty and claimed to be tried, a trial ensued.

During the trial, the prosecution examined 19 witnesses, while 8 witnesses were examined by the defence and 2 witnesses were also examined as Court witnesses.

The statements of the appellants were also recorded under Section 313 Cr.P.C. In their depositions under Cr.P.C., all the appellants had contended that they were falsely implicated and charge-sheeted in the matter.

4. I have heard the learned counsels for the parties and also perused the materials available on record.

5. The learned Trial Court, basing on the evidences coming on record, had framed the following points for decision:-

“5.1 Now in the present case, the points to be decided are: whether during the period 1996-2000, B. C. Thakur and B.K. Debnath entered into criminal conspiracy with other accused persons and vice versa and agreed to do illegal acts and without any proper scrutiny of the fake and forged LICI polices sanctioned loan of Rs.2 lacs to Sh. Chandra Shekhar Hazarika, Rs.4 lacs to Sh. Ananta Khound, Rs.2,88,000/- to Manik Bora, Rs.4 lacs to Smt. Charubala Dutta, Rs.4 lacs, to Sh. Ramesh Borthakur, Rs.3,90,000/- to Madhurjya Changkakoti, Rs.1,77,000/- to Smt. Mala Sarma Barua, Rs.3,55,000/- to Ram Prasad Neog (a non existent person), Rs.1 lac to Prabin Ch. Goswami, Rs.95,000/- to Gautam Baruah, Rs.1,15,000