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2010 Supreme(MP) 1226

ARUN MISHRA, S.C.SINHO
JUGAL KISHORE BAGRI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. C. Datt,Anil Khare , G. P. Patel , Pratyush Tripathi
For the Respondent: Aditya Adhikari

JUDGMENT :

ARUN MISHRA, J.

1. In these matters the question involved is the same, hence they are being decided by this common order. In M.Cr.C. No. 3172/2007 and Cr. R. No. 1702/2007, petitioner is Jugal Kishore Bagri and in M.Cr.C. No. 2906/2007 and Cr. R. No. 1778/2007, petitioner is Ganesh Singh.

2. A prosecution has been filed against Jugal Kishore Bagri and Ganesh Singh for commission of offence under section 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988, under sections 420, 467, 468, 471, 120-B and 511/34 of Indian Penal Code and section 6 of M. P. Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Aarakshan) Adhiniyam, 1994 (hereinafter referred to as Adhiniyam, 1994).

3. Offence relates back to the period June, 1998 to September, 1998. Shri Jugal Kishore Bagri was a Member of Legislative Assembly for the period 3-1-1995 to 6-1-2000. By virtue of holding said office of Legislative Assembly, he entered in the office of Education Committee of District Panchayat, Satna. He was member of said committee w.e.f. 13-1-1995 till 6-1-2000. He was elected as Member of Legislative Assembly initially w.e.f. 7-12-1993 to 1-12-1998 and t

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