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2022 Supreme(HP) 457

SANDEEP SHARMA
State Of Himachal Pradesh – Appellant
Versus
Ashwani Kumar Son Of Late Sh. Gian Chand – Respondent


Advocate Appeared:
For the Appellant :Mr. Sudhir bhatnagar and Mr. Narender Guleria, Additional Advocates General With Mr. Sunny Dhatwalia, Assistant Advocate General
For the Respondent:Mr. Tara Singh Chauhan, Advocate

JUDGMENT :

Instant criminal appeal filed under Section 378 of Cr.PC, lays challenge to the judgment of acquittal dated 5.8.2015, passed by the learned Special Judge, Hamirpur, District Hamirpur, H.P., in Corruption Case No. 01 of 2014 (Regd. No. 03/2014), whereby learned court below acquitted the accused of the charges under Section 7 and 13 (2) of the Prevention of Corruption Act, 1988 (in short the “Act” ), by extending him benefit of doubt.

2. Briefly stated facts of the case as emerge from the record are that complainant Prakash Chand made a written report to Dy.SP alleging therein that one Sh. Kultar Singh, Resident of Village Adarsh Nagar, Tehsil Nadaun, had given one application against him on 13.1.2013, in which the accused, the then police Sub-Inspector, PS Nadaun was appointed as Investigating Officer. He alleged that on 28.3.2013 at about 8:00pm, accused called him in the house of one Roshan Lal at Village Lahar and claimed that case has been registered against him and he should get the anticipatory bail, otherwise he will put him behind the bars. Complainant alleged that on 4.4.2013, he was granted anticipatory bail by the court of Sessions Hamirpur. Complainant alleged t

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