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2017 Supreme(Pat) 1459

PRAKASH CHANDRA JAISWAL
Prakash Prasad Sinha, Son of Late Badri Narain Sinha – Appellant
Versus
State of Bihar through the C. B. I. , Patna – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjeev Kumar Mishra, Adv., Mr. Piyush Saurav, Adv.
For the Respondents: Mr. Bipin Kumar Sinha, S.C. C.B.I.

JUDGMENT :

1. Heard learned counsel for the appellant as well as learned Standing Counsel for the C.B.I. on this criminal appeal.

2. This appeal has been preferred against the judgment and order of conviction and sentence dated 19.03.2012 passed by the Special Judge, C.B.I. 1st, Patna in Special Case No.22 of 2011 [Special Case No.22/94 (old)], arising out of R.C. Case No.38A/1994, whereby the learned trial court convicted the accused Prakash Prasad Sinha for the offence punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo R.I. for one year and slapped him with a fine of Rs.1000/- for the offence punishable under Section 7 of the Prevention of Corruption Act and further sentenced him to undergo R.I. for one year and slapped him with a fine of Rs.1000/- under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act and, in default of payment of fine, to further undergo S.I. for six months. Both the sentences were directed to run concurrently.

3. The factual matrix of the case is that R.C. Case No.38A/1994 was instituted on the basis of a written complaint filed by Shri Anil Kumar,

































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