Summary
The Court affirmed a salaried operations manager’s convictions for participating in bank fraud by knowingly presenting fabricated bills and documents. The allegation that the appellate amicus had formerly been junior to CBI counsel did not warrant remand on the record. His lower position in the conspiracy nevertheless justified reducing the two-year prison terms to one year, with all sentences concurrent.
Issues
- Whether the appellate hearing through amicus warranted remand.
- Whether knowing participation in fabricated billing was proved.
- Whether the employee’s subordinate role justified sentence reduction.
Held
- After his counsel’s elevation, the appellant had not arranged replacement representation or ensured a correct address for notice. Appointment of amicus was justified in the circumstances; the bare allegation of the amicus’s earlier professional association did not ground interference. (¶ 10)
- The oral and documentary record established that the appellant knowingly submitted fake invoices and bills to cheat the Bank. His salaried status did not negate the proved offences. (¶¶ 10, 11)
- Sentencing should account for the offender’s role and rank among conspirators. As a salaried employee lower in the hierarchy, the appellant warranted reduction of the two-year terms to one year; the other one-year terms, fines and default provisions remained, and all sentences were made concurrent. (¶ 13)
Result
Appeal partly allowed on sentence; convictions affirmed. Substantive imprisonment fixed at one year on each count, concurrently, with the specified fines and default terms retained. Bail bonds cancelled; surrender ordered within four weeks, failing which custody must be secured.