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2013 Supreme(Megh) 55

T.NANDAKUMAR SINGH
Sushil Kumar Gupta – Appellant
Versus
Central Bureau Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.P. Mahanta
For the Respondent: V.K. Jindal, Mr. S. Dey

JUDGMENT :

T. Nandakumar Singh, J.

1. This appeal is directed against the judgment and order dated 23.06.2009 convicting the accused/appellant u/s 7 as well as Section 13(1)(d)(i) read with Section 13(2) of the P.C. Act and sentencing him to undergo rigorous imprisonment of 6 months and fine of Rs. 10,000/- in default of payment thereof and further imprisonment of 2 months for the offence u/s 7 of the P.C. Act and further sentenced to undergo imprisonment for 1 year and imposition of fine of Rs. 20,000/- in default thereof to undergo further imprisonment for 4 months for the offence u/s 13(1)(d)(i) of the P.C. Act. Heard Mr. S.P. Mahanta, learned counsel appearing for the appellant/accused and Mr. V.K. Jindal, learned senior counsel appearing for the respondents-CBI.

2. The prosecution case is miraculously mentioned in the impugned judgment and order dated 23.06.2009. However, for appreciation of the evidence for the prosecution and also to see if the sufficient materials have been made out by the appellant/accused for interfering the impugned judgment and order dated 23.06.2009, a gist of the prosecution case is recapitulated as under:-

    2.1. The contract work for the construction of h

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