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State By S. P. Through the Spe CBI – Appellant
Versus
Uttamchand Bohra – Respondent
JUDGMENT
S. RAVINDRA BHAT, J.
1. This special leave petition was filed after a delay of 447 days. The successful respondent (Uttamchand Bohra, hereinafter “Uttamchand/respondent”), who was issued notice as to why delay in filing the petition should not be condoned, objected to the Court’s entertaining the petition, urging that the certified copy of the impugned order (delivered on 25.05.2017), was applied for on 13.03.2018 and eventually the petition was filed on 13.11.2018. Thus, total delay of 447 days occurred in filing of the petition, which is inordinate. It was urged that the application for condonation should not be countenanced, as no sufficient cause was shown.
2. On behalf of the Central Bureau of Investigation (hereinafter “CBI/prosecution”), Mr. Vikramjit Banerjee, learned Additional Solicitor General (hereinafter “ASG”) pointed to averments in the affidavit and supported the application seeking condonation of delay on the ground that the certified copy which had been originally applied for, could not be collected since the receipt was misplaced and as a result, the second certified copy was applied for. The matter had to be processed and official approvals obtained, which
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The court emphasized that public servants must satisfactorily account for assets acquired during their tenure, and joint ownership does not exempt several parties from prosecution under the PC Act wh....
Framing of charge – Even a very strong suspicion founded upon materials and presumptive opinion would enable Court to frame charge against accused.
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Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of co....
At the stage of framing charges, the court is required to evaluate whether there is a ground for presuming that the offence has been committed, without delving into the probative value of the materia....
The offence of abetment of the offence committed by the Government Servant cannot be proved against remaining accused, who have been roped in with the aid of section 109 of the I.P.C. read with the o....
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