SANJAY KUMAR JAISWAL
Binodanand Jha, son of Shri Brahmanand Jha – Appellant
Versus
State of Madhya Pradesh (now Chhattisgarh) – Respondent
JUDGMENT :
1. The instant appeal preferred under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 15.12.1998 passed by the Special Judge, C.B.I., Jabalpur in Special Case No.44 of 1997, whereby the Appellant has been convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 7 of the Prevention of Corruption Act, 1988 | Rigorous Imprisonment for 3 years and fine of Rs.8,000 in default of payment of which to undergo additional rigorous imprisonment for 6 months |
| Under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 | Rigorous Imprisonment for 3 years and fine of Rs.8,000 in default of payment of which to undergo additional rigorous imprisonment for 6 months |
| The jail sentences are directed to run concurrently | |
2. Case of the prosecution, in brief, is that in January-February, 1997 the Appellant was posted as a Branch Manager in Dena Bank, Branch Damakheda, District Durg. He was entrusted besides other duties to disburse loan/subsidy under Pradhan Mantri Yojna. Complainant Tejender Dev Chavre (PW4) had submitted an application for sanction of a loan through Distric
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