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2012 Supreme(Pat) 1368

ASHWANI KUMAR SINGH
Dhanwant Sharan – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant: M/s Gajendra Pratap Singh, Rakesh Kumar Sinha-1.
For the Respondent: Mr. Ramakant Sharma.

Judgment

The appellant, Dhanwant Sharan, suffered conviction under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("the 1988 Act", for short) by the learned Special Judge, Vigilance, South Bihar, Patna in Special Case No. 42 of 1992.

2. The learned Special Judge sentenced him to undergo rigorous imprisonment for a period of two years under Section 7 and rigorous imprisonment for a period of three years and to pay a fine of Rs. 20,000/- under Section 13(1)(d) read with 13(2) of the 1988 Act. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a period of one year. The sentences have been ordered to run concurrently.

3. The case of the prosecution is that on 24.6.1992 one Prabhunath Prasad made a written complaint to the Inspector General-cum-Special Secretary, Vigilance Department, Patna in which he had alleged that Sri R.N. Singh, Special Judicial Magistrate and Sri Dhanwant Sharan, a Sub-Inspector of Police posted in the Bihar State Road Transport Corporation, Patna ("BSRTC", for short) were engaged in economic exploitation of private bus owners. They indulged in detaining private buses on flimsy grounds




























































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