GAHC010003912008 2025:GAU-AS:7756 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./161/2008 SARAT CH. BORA S/O LT. AKADAHIA BORA, R/O URMI BHAVAN, ZOO NARENGI ROAD, PS.

GITA NAGAR, GHY-24, DIST. KAMRUP, ASSAM.

VERSUS C B I -

Advocate for the Petitioner : MR.M DAS, D NEOG,MR.B M CHOUDHURY,MR.S BHARALI,MR.U CHOUDHURY,MS.B CHOUDHURY,N DUTTA, SR. ADV.,MS. N BHARALI,MR.

N K NEOG Advocate for the Respondent : , ,,,,SC, CBI BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

JUDGMENT

Date : 13-06-2025

1. Heard Mr. S Bharali, learned counsel for the appellant. Also heard Mr. M Haloi, learned Special Public Prosecutor, CBI.

2. The challenge:

The present appeal is directed against the judgment and sentence dated 05.08.2008, passed by the learned Special Judge, CBI, Assam, Guwahati in Special Case No. 85/2004 (Old case No. Spl. 4(c) 2000), whereby the appellant was convicted under Sections 13(1)(e) of the Prevention of Corruption Act, 1988 and was sentenced to undergo for 2 (two) years of simple imprisonment with a fine of Rs. 5,00,000/-, in default of payment of fine, to undergo further imprisonment for 1 (one) year.

3. The Background:

I. The prosecu