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Jagjit Singh vs. Central Bureau of Investigation

Not available · 2024 INSC 185Decided 7 Mar 2024
Not available
Justice J.B. Pardiwala · Justice Manoj Misra

Background

The appellant was a Sales Manager at a vehicle dealership in Bathinda, Punjab, who was convicted for conspiring with a bank manager and a business partner to defraud Punjab and Sind Bank. Ten vehicle loans totalling Rs. 8.3 lakhs were sanctioned in the name of illiterate loanees for pick-up trucks that were never actually supplied, and the appellant forged sale invoices and filled in the paperwork used to divert the loan money into the dealership's account, from where it was withdrawn and shared among the accused. Both the Special Judge, CBI, Patiala and the Punjab and Haryana High Court had found him guilty and sentenced him to over 6 years' rigorous imprisonment.

Decision Breakdown

The Supreme Court examined the evidence (including handwriting identification of the appellant on the forged sale letters, pay-in slips, and loan documents) and agreed with the concurrent findings of the Trial Court and High Court that his guilt was proved beyond reasonable doubt. It declined to interfere with the conviction. However, considering the appellant's mitigating personal circumstances. He came from a poor family, had lost his job over three decades ago because of the case, suffered serious health problems (multiple hernia surgeries), and he and his wife (a retired teacher) were surviving only on her pension with no other income. The Court reduced his sentence to the period he had already undergone in custody, while upholding the conviction itself.

Lesson Learnt

Even where a conviction for fraud is fully justified by the evidence, the Supreme Court retains discretion to moderate the sentence (short of overturning guilt) based on genuine humanitarian and mitigating circumstances such as advanced age, poverty, and prolonged pendency of the case.

Official source (sci.gov.in)View Judgment (PDF)

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