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N. V. RAMANA, J. K. MAHESHWARI, HIMA KOHLI
Pushpendra Kumar Sinha – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
J.K. Maheshwari, J.
Leave granted.
2. The Appellant has assailed the final judgment dated 06.01.2020 passed by High Court of Jharkhand at Ranchi in Criminal Revision No. 1057 of 2018, by which the order dated 04.07.2018 passed by learned Special Judge, Anti-Corruption Bureau dismissing the application for discharge filed by the Appellant under Section 239 of Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) in connection with Special Case No. 02 of 2011 has been affirmed. The criminal case was registered against the Appellant and others for commission of offences under Sections 109, 409, 420, 467, 471, 477A and 120B of Indian Penal Code (for short “IPC”) and Section 13(1)(c) and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (for short “PC Act”).
3. The facts briefly put are that the Appellant was working as an Executive Engineer (Electrical) (“EE”) in the Accelerated Power Development Reforms Program (“APDRP”) Wing of Jharkhand State Electricity Board (in short “JSEB”) from 07.12.2004. During his tenure as EE, one Ramjee Power Construction Limited (
Discharge of accused – At the time of framing of charges, probative value of material on record cannot be gone into but before framing of charge Court must apply it’s judicial mind on material placed....
The prosecution must establish a clear and conclusive inference of conspiracy for a conviction under corruption laws; mere irregularities are insufficient.
At the stage of framing the charge, the truth, veracity, and effect of the evidence proposed by the prosecutor are not meticulously judged.
Procedural violations in public procurement can constitute criminal misconduct under the Prevention of Corruption Act, highlighting the need for transparency and adherence to regulations in awarding ....
In cases of criminal conspiracy, better evidence than acts and statements of co-conspirators is hardly ever available.
The need for a demand or request for a valuable thing or pecuniary advantage from the public servant to establish an offence under Section 13(1)(d) of the Prevention of Corruption Act, 1988.
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