2025:CGHC:59978 The date when The date when The date when the the judgment the judgment is judgment is uploaded on is reserved pronounced the website Operative Full - - -- 12.12.2025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 335 of 2006

1 - (Abated) Bhupat Lal (Died) As Per Honble Court Order Dated 16-06-

2025

2 - Manikchand Bakliwal S/o Bhawarlal Bakliwal Aged About 60 Years R/o Podibahar, Korba

3 - (Abated) Dhanji Bhai Varu (Died) (As Per Honble Court Order Dated

10-02-2025)

4 - Rajesh Kumar S/o Arjun Das Jain Aged About 47 Years R/o Dalal Building, Railway Road, Rohtak (Hariyana)

--- Appellants versus

1 - Union of India Through Central Bureau of Investigation, Jabalpur, Madhya Pradesh.

--- Respondent(s)

With CRA No. 340 of 2006

1 - Subhash Chand Jain (Abated) As Per Hon'ble Court Order Dated

16-06-2025

2 - P.C. Jain S/o Late P.S. Jain Aged About 53 Years R/o 27-A, New Friends Colony, Delhi ---Petitioner(s)

Versus

1 - Union of India, through The Central Investigation Bureau, Jabalpur Madhya Pradesh --- Respondent(s)

Hon’ble Smt. Justice Rajani Dubey Judgment on Board

10.12.2025

1. Since both the appeals arise out of a single impugned judgment they were heard together and are being disposed of by this common judgment.

2. These appeals under Section 374(2) of the Code of Criminal Procedure have been preferred assailing the judgment of conviction and order of sentence dated 02.05.2006 passed by Special Judge, (C.B.I.), Raipur (C.G.) in Special Criminal Case No. 40/2004. By the impugned judgment, the appellants have been convicted under Sections 120-B, 420, 468/471 of the IPC and under Section 5 (1)(d) and 5(2) of Prevention of Corruption Act and have been sentenced to undergo rigorous imprisonment for one year and a fine of Rs.10,000/- under Section 120-B of the I.P.C., to undergo rigorous imprisonment for five years and a fine of Rs.1 lakh under Section 420 I.P.C., to undergo rigorous imprisonment for five years and a fine of Rs.1 lakh under Section 468/471 I.P.C. and to undergo one year rigorous imprisonment and a fine of Rs.10,000/- each under Section 5 (1)(d) and 5(2) of Prevention of Corruption Act. It was further directed that in default of payment of fine, to undergo additional R.I. for six months under Section 120-B of the I.P.C., to undergo additional RI for one and half years under Section 420 IPC, to undergo further RI for one and half years under Section 468/471 IPC and to undergo additional RI for six months under Section 5(1)(d) and 5 (2) of the Prevention of Corruption Act.

3. During the pendency of this appeal, appellants Dhanji Bhai Varu, Bhupal Lal, and Subhash Chand Jain passed away. Consequently, the appeal, insofar as it related to them stands abated vide orders dated 10.02.2025 and 16.06.2025, respectively. Accordingly, this judgment is being delivered today only in respect of the surviving appellants namely Manikchand Bakliwal, Rajesh Kumar, and P.C. Jain.

4. The prosecution case, in brief, is that during the years 1980 -82, there existed a firm known as M/s Bhilai Motors, which was engaged in the business of Tata trucks and was an authorized dealer of TELCO. The prosecution has alleged that the appellants herein, along with a few other persons, were in charge of the affairs of the said firm and during the relevant period one G.S. Behl was serving as the Branch Manager of Punjab & Sind Bank, Raipur. It is alleged that the appellants and the said Branch Manager conspired to cheat the bank and, in furtherance of their conspiracy, prepared false and fabricated documents. After depositing the margin money for the purchase of four truck chassis, they allegedly caused their loan applications to be forwarded to the Head Office of Punjab & Sind Bank, New Delhi, and ultimately obtained a sum of Rs. 40 lakhs, which subsequently increased to Rs. 55.54 lakhs.

Upon receiving information regarding these acts, the prosecuting agency (i.e., the respondent herein) registered Case No. RC 25/85 on 04.04.1985 against various accused pe