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2008 Supreme(Jhk) 819

RAKESH RANJAN PRASAD
Hemendra Kumar Sinha – Appellant
Versus
State of Jharkhand through SP, CBI – Respondent


JUDGMENT

R.R. Prasad, J.

1. Heard learned Counsel appearing for the appellant and leaned counsel appearing for the CBI on the matter of bail.

2. Learned Counsel appearing for the appellant submits that the appellant, who, at the relevant point of time, was posted as Poultry Veterinary Officer at Regional Poultry farm, Hotwar has been convicted for the offences under Section 420/467/468/471/477A/120B of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and was awarded with maximum sentence for six years for one of the offences on the allegation that the appellant without receiving any materials, such as feed, medicine, etc. granted certificate of receipt of those materials on the basis of which payments were taken by the suppliers but the prosecution has utterly failed in establishing that materials were never supplied to the Poultry farm as none of the witnesses has come forward to establish that fact. On the contrary, stock register seized which has been exhibited in this case would go to show that all the items were received at the Hotwar Poultry farm and that there had been no starvation death of any kind of wards as t



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