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2015 Supreme(Bom) 2

ROSHAN DALVI
C. B. I – Appellant
Versus
B. Raghubir Acharya – Respondent


Advocates Appeared:
For the Appearing Parties:Limosin, Sr. P.P for CBI, A.K. Moily, D.R. Pinge, Sunil Kale, Hiten Dalal produced from Kolhapur Jail by A.S.I. A.B. Raskar, Y.B. Patil, V.B. Sorate, N.M. Dongre, Vivek Sharma, Dinesh Purandare with Maya Sarkar, Girish Kulkarni, Advocates, D.P. Kamath Legal Aid Advocate.

JUDGMENT

1. Accused Nos. 1 and 2 (A1 & A2) are the General Manager and Fund Manager of Canara Bank Mutual Fund Mumbai (CBMF Mumbai) which is a wholly owned subsidiary company of Canara Bank, a nationalized bank. Accused Nos. 5,6 and 7 (A5, A6 & A7) are the Executive Vice President and Assistant Vice Presidents of one “Canbank Financial Services Ltd., Bangalore (Canfina, Bangalore), which is also a wholly owned subsidiary of Canara Bank. Accused Nos. 3 and 4 (A3 & A4)are independent brokers.

2. The essential prosecution case is of conspiracy between the accused to siphon off and misappropriate funds of CBMF, Mumbai and Canfina under their dominion, commit criminal breach of trust, and fabricate documents to camouflage their transaction by falsifying accounts, preparing false documents, committing forgery and using as genuine such forged documents by recording false transactions in the books of accounts of CBMF and Canfina. Consequently these charges are under Section 120B, r.w. Sections 409, 468, 471 and 477A of the IPC.

3. A1 has been charged not only with the above criminal conspirac




















































































































































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